Legal Question in Wills and Trusts in Florida

Will or contract?

My ex and I had a contract to leave our business to our son. I quit claimed the business to my ex and he quit claimed the home to me. The value of the business being 450M and the value of the home being 80M. He was planning to marry a women our sons age- he had her sign a prenup that stated she received nothing he had prior to marriage. He died after battle with brain tumors and made a will leaving the majority of the business to her- What do you do to enforce the contract to leave the business to our son? I have a contract signed by myself, my ex, and a notary that leaves the business to my son. The will my ex left leaving majority to new young wife was 8 made 8 weeks prior to his death when he was not able to make sentances and could not walk. What are the chances for son to get business?


Asked on 3/19/98, 11:46 pm

1 Answer from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Fla. Will or contract --which controls?

What do you do to enforce the contract to leave the business to our son?

What are the chances for son to get the business?

Unfortunately you are going to have to litigate! You will have to contest the will in probate court. You will have to introduce the prenuptial agreement he had his new wife execute. Then your contract will also become evidence in the probate litigation.

Your son will be the sole owner of the business if you can convince the Judge the new "will" was made under duress and the prenuptial agreement is valid.

Sounds as though your son has a very good case.

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Answered on 3/31/98, 9:06 am


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