Asked in Estate Planning and Probate for Florida

Q: What happens when a person knowingly files an invalid will with the court in Florida?

A close relative passed away a month ago and his "companion" filed an earlier invalid (according to her) version of his will with the court. She advised the family after his passing that he had a new will drawn up after this previous version but opted not to inform anyone other than her. What will happen? Should the family bring this to the court's attention?

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2 Lawyer Answers

A: Whomever could be an heir or beneficiary under his Will should retain an attorney right away.

A: A will must be filed in a probate proceeding and the court will determine its validity. Was the prior will revoked in this “new Will.” This must be brought to the court’s attention in a probate proceeding. You need to hire a probate attorney to file the case.

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