QUESTION
When should someone file a Will after they have it changed?
Asked on Aug 19th, 2012 on Estate Planning - Florida
More details to this question:
My mother recently changed her will, but it has not been filed. Should we file it now? Will that prevent a lengthly probate period?
3 ANSWERS
Real Estate Attorney serving New Port Richey, FL
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Jay W. Moreland, P.A.
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In Florida wills are not filed with the court until a person is deceased. The length of the probate or the need for a probate will depend on the assets in the estate, whether the will is contested and factors other than if the will is filed with the court.
Answered on Aug 23rd, 2012 at 3:35 PM
Probate & Trust Attorney serving Coral Springs, FL
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Richard J. Kaplan, P.A.
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Wills are not filed in Florida until after they have passed away. Also, when your mother made a new Will it should have revoked her old Will so it will never be filed.
Answered on Aug 23rd, 2012 at 3:35 PM
You file a Will in the probate court after someone dies - you do not file before death unless the court has a system in place allowing you to 'deposit' your Will for safe keeping.
You indicate your mother made changes to her Will and that gives the appearance she is alive.
People update their Will for a variety of reasons. Until you die, you can change your Will as often as you like as long as it is within the statutory requirements (you are of 'sound mind', etc).
Answered on Aug 23rd, 2012 at 3:35 PM