Legal Question in Wills and Trusts in Florida

Re: Will created in one state but living in another

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If the will was valid in the state it was written in at the time it was written, it will probably be admitted to probate here in Florida. Your dad will need to gather together a list of all of his wife's assets and see how they are titled. If she has kids from a former marriage, she may have left accounts in trust for them and thus they are not subject to probate. If they are left to dad, he can simply go to the bank or other financial institution with a certified death certificate and claim the account(s). If not, a probate of her estate will be necessary.

Scott R. Jay, Esq.

Re: Will created in one state but living in another

First, if the Will was valid in NY when your father was a resident of NY, then the Florida courts should accept now. He should first check with the bank holding the funds that were in his wife's name to be sure he is not listed as a beneficiary of that account. If he is not listed as the beneficiary, then he will need to contact a probate attorney. For the answers to general questions about probate in Florida you can look at my web site, www.flprobate.com.

Re: Will created in one state but living in another

If the will is valid in florida-the n.y will can be probated in the county she lived in at date of death.If there is life ins. ,pensions,personal property,etc. it would need to be probated in that county.I would suggest you e-mail me a phone # to reach you to discuss further.