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questionable will

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Mslilly

Junior Member
What is the name of your state (only U.S. law)? Michigan

My Dad passed away in January of 2009, the will that was placed in the Lakes county clerks office in Florida, was from 1979 and questionable at best. I don't believe it is the updated will and that my Dad's wife is being dishonest about the it. This will was not notarized and is only one page long. My Dad was a business man and has always used attorneys for any business deals that he was involved in. He had considerable assets. As it stands, the wife is the only one that is recieving anything. Is it feasible to attest his will and how do I go about it? I find it hard to believe my Father didn't have an updated will.
 


curb1

Senior Member
Did you ever talk to your father about estate planning? Was his wife your mother? How often were you in contact with your father? You might ask his close friends if he ever discussed estate planning. You might ask any attorneys that he dealt with if he might have discussed estate planning. Ask his business associates if he discussed estate planning. Check with his banks to see if there are any accounts with your name associated with them.
 

anteater

Senior Member
The requirements for a valid will in Florida are in Chapter 732, Part V here:

Statutes & Constitution :View Statutes : Online Sunshine

Note that a will does not need to be notarized.

As far as a later will, you don't have much to go on. "He must have had a later will" won't get you very far. If you know the attorneys that he used, you could try contacting them. If they are business attorneys, one of them might know if your Dad had an attorney for personal matters.

As far as contesting, you have standing to contest. But, if the will is technically valid, it would be awfully difficult to prove that the usual grounds for a challenge (competency, undue influence, etc.) existed for a will executed in 1979.

Were you born before or after the 1979 will was executed?
 
What is the name of your state (only U.S. law)? Michigan

My Dad passed away in January of 2009, the will that was placed in the Lakes county clerks office in Florida, was from 1979 and questionable at best. I don't believe it is the updated will and that my Dad's wife is being dishonest about the it. This will was not notarized and is only one page long. My Dad was a business man and has always used attorneys for any business deals that he was involved in. He had considerable assets. As it stands, the wife is the only one that is recieving anything. Is it feasible to attest his will and how do I go about it? I find it hard to believe my Father didn't have an updated will.
You're saying updated will like you know for sure there was an updated will...if your father mentioned an updated will...then you definitely have grounds to contest and see about what happened to that will...since wills don't have to be notarized in that state..there is a good chance another un-notarized will was made and could have been "misplaced" by your stepmother (I'm assuming his wife is not your mother) if it is not in her interest..

I'd definitely check into what's going on...like another poster mentioned, talk to any lawyers you know he had and any friends/business associates to see if he ever mentioned anything to them.
 

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