in florida if you die without a will , is a will from a previous state valid ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
in florida if you die without a will , is a will from a previous state valid ?
reason im asking is my father refuses to put the house in awill, and i keep telling him the state of florida ill wind up owning it or at least we will have to pay lawyer fees while its tied up in probate which could take some time , i imagine ?
Asked on June 11, 2009 under Estate Planning, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Your father's most recent valid will would be the one in force, when he passes, no matter whether it was made in Florida or not. However, it would be interpreted under Florida law, and it's also possible that it might not have been signed and witnessed in a way that meets Florida's requirements. The law of the person's last home state is what's important.
If a person dies without a valid will, state law has a substitute, called "intestate succession." It doesn't mean the estate will take longer to administer, or higher legal fees, unless there's some disagreement about who your father's children are. The state would only end up with the house if there are no surviving relatives that are close enough.
To see if your father's old out-of-Florida will would be valid there, have it reviewed by an attorney in your area. One place to find a qualified lawyer is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.