Legal Question in Wills and Trusts in Florida

In response to the answer on previous question. The estate which has gone through probate has two seperate documents. One is a will that indicates who should receive what and then another seperate document that is a letter stating the exwife whom was getting back together with the deceased was supposed to receive the house. Is the letter valid or is it superseded by the will which did not mention anything about the exwife.


Asked on 4/28/11, 9:33 am

2 Answers from Attorneys

Michael Sasso M. Daniel Sasso

In short a divorce abrogates all rights that the ex wife may have had due to the past marriage, unless the parties re marry or enter into further contracts. All properties in Florida that were held in joint names is converted into a tenancy in common wherein each holds their separate portion in their individual names. Also I assume that no Nuptial contract existed that could vary the terms of the Divorce Judgment.

The letter to which you refer does not replace a properly drafted Will or Trust or other document that is to be executed and attested to in Florida in order to be considered to make what is known as a "testamentary dispostion" (Will or other instrument distributing the estate assets). While some other states may permit what is known as a "holographic" Will (handwritten) letter or other instrument to act as a Will, Florida does not honor the same regarless of the place of death of the deceased when a Florida Esate proceeding is involved.

The only type of recourse you may have in Florida would lie -if any, would be in an equitable action or Quasi contract action where you paid for assets, or debts or entered an oral contract that benefited the deceased such as being a caretaker for him etc, or for joint assets you contributed to and there was an understanding to pay you back, and you now are looking to get a return or reimbursement for the same.

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Answered on 4/28/11, 10:31 am

I would need to see all documents to determine the validity or applicability of anything.

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Answered on 4/28/11, 5:09 pm


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