Legal Question in Wills and Trusts in Florida

Re: Old Wills

I am truly sorry about your brother.

If your brother never signed any will, then his estate will pass to his present wife and/or to his childre. If there is a valid will, upon divorce, any property left to a spouse through a will provision passes as if the spouse had pre-deceased the person who made the will (the decedent). So, the property that was left to your brother's ex-wife while they were married will pass according to the terms of the rest of the will (probably through the residuary clause). Note that the will the spouse has is only valid if your brother did not execute another one or cancelled the original in any way.

Best wishes.