Legal Question in Wills and Trusts in Florida
My Uncle died in Bay County Florida, he had a Hand written will that was signed and dated, but not witnessed or notorized....naming his children and all relatives as well as an executor...Is it legal??? All family members including his 10yr old (mother) and everyone else is fine with the will, the problem is his 34 yr old daughter from Ohio...who is not happy....they didn't have a relationship...he just saw her this past Jan and it had been more than 10 yrs...he hadn't even met his grandchildren....what can we do..His mother (87) my grandmother passed away the day before...and of course she had already given him her home years ago....he had also emptied her bank accounts ($8,000.00) which we had discussed was to bury her with....Since he was in fl...and couldn't get here in time...he asked me to make the funeral arrangements...so of course I did and signed it....will I get the expenses that I have incurred for this?if the will is not legal?
3 Answers from Attorneys
1. No.
2. You are a creditor of the estate.
3. The estate must go to probate.
Exactly. If the will was not witnessed or notarized, then there is no will and the estate will most likely proceed through Florida intestacy statutes.
The Will is known as a Holgraphic Will and it is not valid in Florida. Therefore, Intestate Laws apply, and controls the division of the probatable assets.
Those that advance money realted to the funeral are creditors of the estate, and have priority over most other probate creditors. You must file a claim on the estate to make sure you perfect your claim.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
