Legal Question in Wills and Trusts in Florida
winess to will basically a criminal
my father was diagnosed with cancer march of this year , will drawn up 3 weeks later , my father passes away 2 months later. the only witnesses on his will is his long time attorney, and a man who has 3 foreclosures on his record for the past 5 years and a irs lien on his property for 20,ooo. because he has not paid his taxes for the last 10 yrs.. and guess who his attorney is? you got it ... my fathers attorney . don't know if he is convicted felon. but wouldn't this automatically invalidate my fathers will if he was? also my father owned a corporation at the time of his death, that owes people money and people owe it money, wouldn't that mandate probate? there is enough money and assets here that my fathers estate may have been manipulated. my stepmother claims all has been left to her, she took my father to the attorneys office to do his will when he was on oxicodone she told his doctor in the hospital she was giving him 3 times the amount he needed and he was still crying out in pain. i worry he may not have known what he was signing. considering he was so sick when this happened. any advice would be helpful. this is really a big injustice....
1 Answer from Attorneys
Re: winess to will basically a criminal
It doesn't matter who witnesses the will, as long as it is notarized. It has no effect on the will.
The will has to be probated no matter what. It doesn't matter what your stepmother says; it only matters what the will says.
You can contest the will if you really believe he signed it and made arrangements without knowing what he was doing. However, I strongly suggest you see an attorney and let the attorney give you legal advice after reading the will and after you explain fully the circumstances.
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