Legal Question in Wills and Trusts in Florida

Re: Is it always necessary to have an original will?

Dad's lawyer is corrent with regard to posting notice to

potential debtors. An original will is not absolutely required where

adequate evidence corroborates its non-existence. But why was not more than

one copy of the original made and maintained? Why did not the drafting attorney maintain an

original copy? These and other points stress why it is important to hire an attorney

to draft a will and ensure that post-execution problem prevention is in place. Use of other copies (i.e., not an original copy) may be subject to a caveat contest and this will cause

further delay and expense. Corroborating the non-existence of the original and all original copies

may be of more benefit.

As to the trust, payments hereof are governed by the trust instrument unless there it is a trust funded

by a pour over provision in the will. Any amounts held in private accounts are governed by the contractual arrangements

presiding over the accounts and not the will or trust unless the estate has been designated as the recipient. Pay on death

designations--such as those typically in bank and brokerage accounts--generally take precedence over conflicting language in a will.

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