Video Summary

What is a holographic Will? A holographic Will is whenever someone writes it out in their own handwriting, as we say cursive. I guess if they printed it, it would be the same thing. Florida Will recognize a holographic Will provided. It has the same as executed in the presence of two witnesses, which were present whenever the testator signed it and the testator was in their presence. There are some states where they make an exception for holographic Wills and accept them in the probate even if they’re not executed with the same formality as what is required by the state law. But Florida is not one of those states and for the Will to be effective here in Florida as a valid Will, it must be signed in the presence of two witnesses and the testator. So that’s a holographic Will. I suggest you spend a little bit of money with the attorney, but if not, we’ll be sure it’s signed in the presence of two witnesses. If you have any questions, give me a call at (727) 847-2288.

Video Summary

How is a Will executed in order for a Will to be valid in the state of Florida? The Will must be signed in the presence of two witnesses. So not only does the person making the Will called the test state have to sign the Will, the witnesses also have to sign in each other’s presence as well as the person making the Will. So that’s how a will has to be executed or signed in Florida in order to be valid. First off, there is a provision which we now use whenever you pass away the Will in order to be admitted to probate has to be proved and that’s where one of the witnesses appears before the clerk of the court and testifies or signs an oath that the Will was signed, the presence of the other witness and the test stater, all three of ’em signed at the same time. Usually when you deal with an attorney, usually they have what they call a self-proving Will, in other words, the affidavit that proves the Will is attached at the sign at time it’s signed. So it avoids the problem of having to have it prove whenever the person making the Will dies. And so if you have any questions about a Will, give me a call at (727) 847-2288.

Video Summary

Who can contest a Will in Florida? Well, usually it is any of the children of the decedent contest a Will and or if you’re a beneficiary that was included in one Will and a subsequent Will disinherited you or took you out, then you’re in a position to have standing in order to bring an action to contest the existing Will. The two basis for the primary two basis for contesting Will is one is the incapacity of the person when they made the Will. This is very difficult standard to reach and that you have to have medical records to show on the date that they executed the Will. They were not in the right mind. And in fact, there’s a case that says even someone that’s insane can have a Will, even though in a lucid moment the primary way to attack a Will is through alleging undue influence by the recipient of most of the benefits of the Will or where you were excluded from the will as a beneficiary. And so you have to show that that person unduly influenced the test state in order to have it set aside and the prior will reinstated or have it set aside and the assets passed to the heirs under the laws of the state of Florida called in test state. So, if you have any questions, you can call me at (727) 847-2288.

Video Summary
How long do I have to contest a Will? In Florida you have, I believe it’s four months from the date, the receipt of the notice of administration, I believe it’s for, it may be three months, but you have to file if you’re given that notice, even before the Will is admitted to probate. If you’ve given the notice before it’s admitted to probate, the time period is much shorter. It is either 20 or 30 days to contest the Will, so it’s all triggered by when you first received the notice. That as far as the will being admitted to probate or if it has been admitted to probate the notice of administration. If you have any questions, give me a call at (727) 847-2288.