Legal Question in Wills and Trusts in Florida

Validity of Holographic (handwritten) wills in the State of Florida

I have a handwritten letter from my father dated 8-19-96, which he attached to financial information to me. This handwritten letter states that this is information will be needed to act as personal representative in the state of FL. Upon his death in 10-99, my older brother told all children that there was no personal representative. I produced the letter which he never acknowledged. He then went to court and had himself declared personal representative. He still refuses to speak to me on this issue. Do I have a legitimate dispute? My other siblings (4) would like me to pursue this matter.


Asked on 8/12/00, 11:02 am

1 Answer from Attorneys

Re: Validity of Holographic (handwritten) wills in the State of Florida

A handwritten will may be valid in Florida, but it must also comply with Florida statutes. Among other things it must be signed and witnessed. A handwritten letter to you that simply tells you that you need this information to act as personal representative is probably not a valid will. Still, I would want to review the actual document before giving a final opinion.

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Answered on 9/15/00, 3:26 pm


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