Legal Question in Wills and Trusts in Florida

I am writing a novel and have some questions regarding estate laws and how they would affect my character. It's a little off the wall, but I hope someone can help me. My storyline involves the death of someone who has been living under an alias for a number of years.
My questions are these:
1) Would a will written under this alias be valid?
2) If he married under this alias, would it be considered legal? Would his widow still be accepted as beneficiary even if the will weren't valid?
3) Would a life insurance company still have to honor a policy issued under this alias?
4) The couple own a business and a house and other assets. Would she still be able to inherit his share if they were purchased under this alias?
5) When this man dies, the Social Security Administration, discovers that he had been using the SS# of someone who is already dead. An investigation ensues. Would they be able to have the IRS freeze the couple's bank accounts while this is taking place?
6) During the course of the story, the wife uncovers her husband's true identity and the reason for his use of an alias. He was not running from the law or concealing criminal activity. She had no previous knowledge of any of this. Would she be able to complete probate after that?
I know it's a very unique situation. I appreciate your help,
Jannie Baker

Asked on 7/12/10, 12:28 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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1,2.3.4 and 6- yes, If he is well identified and his assets are so named.

It is his intent that controls.

5. Initially yes, but if his taxers have been paid it would eventually be removed.

Answered on 7/12/10, 3:39 pm

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William Gwaltney William W. Gwaltney, Attorneys at Law

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I would add that #3 is actually a "maybe". Some policies have a fraud clause in them and could be a mechanism for the company to deny a payout. However, good arguments could be made allowing for a payout. At the very least, the insurance company would have to return all premium paid.

The answer to this question will likely be impacted by the state of issuance on the policy, and actual policy language. You might look at one of your own life insurance policies to see if it prohibits anything that you are trying to portray in the story. Also, depending on how important it is to the story you may request sample policies from some companies, and may even be able to find some online.

Good Luck on the writing.

Answered on 7/12/10, 3:57 pm

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