Legal Question in Wills and Trusts in Florida

Is prior will valid?

My husband made out a will with his previous wife who is now deceased. He has not made out a will with me as of yet. If he were to die, would his previous will still be valid? If the previous will is not valid, what part of his estate would I be entitled to? He also has children who are named in the will he made with his first wife. Would they be able to make a claim from that will? I hope you will be able to help me. Thank you.


Asked on 9/19/03, 10:53 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Is prior will valid?

A last will is valid. Any provision for a deceased spouse are ignored but the rest of the will enforced. However, the present spouse, in Florida, can choose to take the elective share which is 30% of the estate and gets the homestead and other things if there are no minor children. The children and other beneficiaries of the will share what is left after that.

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Answered on 9/20/03, 7:54 am


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