Legal Question in Wills and Trusts in Florida
step children + previous wills
I married 5 yr ago, my husband passed away just 4 months ago leaving everything to me, his step daugthers are trying to use a will from there mother to get everything away from me. my husabnd had a list of what he wanted them to have but they do not think it is enough. they have hired a lawyer, i have a lawyer but not sure that he is sure what he is doing. i had planned on giving them things i thought they would want but when they came to the service they treated me badly and told everyone that i wrong they should have planned the service and made all the arrangements. my husband and i loved each other very much. i would like to know just what can they do with the will that there mother and my husband had before we married. we had a legal will made up 4 month after we got married. these girl have plenty of money i do not understand why they are doing this. can they make me give up the things my husband left me or not. i am not even sure what is left other than some pictures and small items. please advuse me what to do.
2 Answers from Attorneys
Re: step children + previous wills
Since you have an attorney it would not be appropriate to comment. Suggest you speak with you attorney regarding your concerns.
Re: step children + previous wills
I am sorry for your loss.
Whatever was passing to the ex-wife in the previous will would pass as if she had been dead at the time of your husband's death. In other words, the provisions to her as his wife would be disregarded. But this is irrelevant since your husband's last will invalidates any previously executed will. The last will he executed prevails and cancels any other. File this last will in probate court immediately, if you haven't already done so. Best wishes.
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