Legal Question in Wills and Trusts in Florida

My step mother had a will written by an attorney in Florida. She left the estate to my sister and me. Her second spouse was granted homestead rights. There was no waiver as a pre nup or post nup and the second spouse took the entire estate. The lawyer did not explain Florida law to my step mother . He maintained it was her responsibility to ask questions about the law and not his responsibility to explain the law. The court noted the will was not properly devised. According to Ms. Lauren Detzel the homestead and marital property was incapable of being properly devised to the non-lineal descendants. Is Florida law regarding non- lineal beneficiaries constitutional? If it is constitutional then why was she charged by the attorney for the will plus a revision when he knew that the estate would go to the spouse?


Asked on 2/10/12, 3:01 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

He may have been negligent.

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Answered on 2/10/12, 6:59 pm


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