Articles Posted in will

Florida Changes Intestacy Law for Certain Spouses
James W. Martin

When a Florida resident dies without a will, the decedent is said to have died intestate, and the Florida Probate Code states who will inherit the estate. If there is a surviving spouse and no descendants, then all goes to the surviving spouse. If there are descendants and no surviving spouse, then all goes to…

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All Original Wills Must Be Filed When Someone Dies
James W. Martin

Everyone knows that it’s the “last” will that someone makes before they die that counts. But it’s really the last “valid” will that counts. So who’s to say what’s the last valid will? The probate court gets to decide that. And for the probate court to decide, it needs to have all the wills that…

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Sister Allegedly Failed To File Father’s Will Within 10 Days After Death
James W. Martin

If you are holding a Florida resident’s last will and testament, you have just ten days to file it with the Clerk of Court after you learn of the death. That’s Florida law. It applies to the original of the will, not copies. In a recent case, a daughter allegedly failed to file an original…

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