QUESTION
Can a disenheirted son contest a will that was made in Washington when the deceased passes away in Florida?
Asked on Aug 18th, 2020 on Wills and Probate - Washington
More details to this question:
My Husbands Father died in Florida on Aug 1st 2020. My husband is the only heir. The will was created in Washington State, the deceased was in the process of creating a new will when he passed away. We heard the deceased had changed his mind, but it was to late as the new will was never signed. I have a copy of the will that is standing and signed which disinherits the deceased's son. We were wanting to know if there was away to contest the will? We have spoken with a Florida Attorney, but Florida may have different laws and since the will was drafted in Washington we would like to know if we can fight it? Also, 2 things I noticed about the will, one was no executor was named, two Washington law requires all wills to be filed with the court of the county where the individual died. Is that before or after death? If these things are so do we have a chance to contest the will and are there other discrepancies that would invalidate the will other than the common.
1 ANSWER
2 Awards
Most states, maybe all states, accept an out-of-state Will for probate if it was properly executed in that other state. An unsigned Will has no legal effect. Nor is any Will accepted for probate until the person has died. The fact that a Will does not name an executor does not invalidate it: the court can appoint someone to settle the estate. While you might find a Florida lawyer who will accept $20,000 to open a Will contest and might spend $100,000 or more (likely more) contesting the Will, the circumstances which you describe would seem to indicate that it would be money down the drain.
Answered on Aug 19th, 2020 at 5:26 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.