Legal Question in Wills and Trusts in Florida
What is the statute of limitation of contesting an invalid Will in Florida. My husband passed away in August of 2009 we were still married. He had an irrevocable will and two weeks before his death his kids had him sign a will when he was not in his right sound mind. He had dementia and was 75y/o. His withdrew all his money from the bank account and his retirement. What are my rights as his wife.
2 Answers from Attorneys
If the will has gone to probate, you may be too late. You will have the burden of proof on lack of testamentary capacity. A spouse cannot be completely disinherited in Florida. Did he withdraw his funds and give them away?
Did you intend to state that "His kids withdrew all his money from the bank account . .."?
You also mention "an irrevocable will" which was then changed. So it isn't clear whether
the kids used a DPOA to withdraw funds, persuaded him to change the will, or other
issues were involved. Perhaps a review of the issues and documents with an
attorney could assist you since, as a spouse, you definitely have rights.
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