Miami, FL asked in Probate for Florida

Q: My dad has passed his will mistakenly states that he is a single man but he is married we live in FL is the Will valid.

My dad filled out a Will years ago when he was a single man. The Will states that a gift be given to his closest friend that lived with him for over 20 years in the house she is to continue to live in the house pay all the expenses for the house mortgage/insurance/utilities and upkeep until she decides to move out, she has been the person that has been making sure everything was paid and taken care of around the house for the past 20 years or so. The Will also states that the residue of the estate be distributed 50% to her_25% to his daughter and _25% to his son. 10 mos before he died he married a lady that lives out of the country and she agreed that she wouldn’t expect to inherit anything in America as that has already been set yrs before she ever met/ married him. Now she has flipped on us and she wants to inherit her legal % of her husband’s estate. I am asking if the Will is still valid under FL law and can we just redistribute the % amounts so his friend can still inherit legally

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1 Lawyer Answer
Mr. Long H. Duong
Mr. Long H. Duong
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: The Will may be valid but his actual spouse may have a stake in his estate as well. You should contact local counsel to present the Will and explore options.

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