Homosassa, FL asked in Estate Planning and Probate for New York

Q: If you live in Florida, can you write a will in New York?

My husband had a will drawn up in Florida (where we have lived since 2007) in 2012 leaving everything to me. He passed away last year. Now my stepsons are saying he had a will drawn up in New York in 2015 leaving everything to them. Is this possible? Does the 2015 New York will void the 2012 Florida will?

Related Topics:
4 Lawyer Answers
Thomas Tripp
Thomas Tripp
Answered
  • Estate Planning Lawyer
  • Pinellas Park, FL

A: You can always void an earlier will by creating a new will and revoking the previous will. You may have rights as surviving spouse depending on his residence at time of death. Contact a lawyer where he died or where his residence was at time of death to discuss.

Jennifer Isaksen and John Richert agree with this answer

John Richert
John Richert
PREMIUM
Answered
  • Estate Planning Lawyer
  • Clearwater, FL

A: Sounds like you may have a will contest on your hands. You need to contact an attorney in the jurisdiction where the probate case is pending.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL

A: Yes, to answer the question, it is quite possible for a Florida resident to write a will in New York, which, as Mr. Tripp has indicated, could supersede the earlier will. If, however, he was a Florida resident at the time of his death, the 2015 will would have to be probated in Florida, under the laws of this state.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • Santa Rosa Beach, FL

A: Yes he can write a subsequent will. You likely have a claim to the estate as a spouse or via an elective share.

You need to hire an attorney asap.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.