Legal Question in Wills and Trusts in Florida

What State to Probate Will?

Condolences on the passing of your mother. That will happen to all of us precisely one time. For accurate and legal information, you will need to consult with a FL attorney.

Having said that, there is no requirement that the will be "read" anywhere. How that even entered the lexicon of Probate is beyond me. Based on the thumbnail of information you gave me, it would appear that your mother's will will be probated in FL. You stated her "residence" was in FL. If so, as a matter of law, you probate in FL. A validly attested AL will should work just fine in FL. If it was not a AL self proving will (check to see if a Notary attested the signatures), you will need to locate and get sworn statements from the witnesses (form type stuff). If it was a self prover, simply offer it for Probate in FL.

With regard to the brother and cousin who want it all, well, what ever is in the will is what everyone will get. Period.

Is your Father or her current spouse still alive? If not, there should be no ability to set aside the provisions of the will for some type of forced inheitance. In GA, we have a spousal year's support, but FL does not have such a law.

The cousin would lose on a challange to the will for undue influence or lack of testamentary ability to make a will. Assuming you and your brother are the only children, you all would stand to take if the will is set aside and the cousin would be -- how shall we say -- out in the cold.

That is, unless, the cousin is named as Executor. Excutor's if they abuse their power, have the economic ability to raid the estate. Its illegal, but its hard to prove and harder still to prosecute. I have pursued many crooked Executors.

The fact that your are a GA resident is of little consequence. You do not need a GA attorney. (Unfortunately)

Hugh Wood, GA attorney