Florida probate litigation can get complicated when it comes to will omissions. Sometimes a decedent in West Palm Beach may forget to mention certain property and it can end up in the residue of the estate. Check out this recent Tennessee appeal to learn more.
Subsequent Wills
- Florida trust lawyers know that an estate plan needs to be revised every so often, that is just part of life.
- As life changes you need to sit down with your Florida estate lawyer to address those changes.
- How do the probate courts treat these subsequent wills?
- It depends if the amendment you made with your Florida probate lawyer is asubsequent will or a codicil.
- What is the difference?
- A will replaces an entire previous will.
- Estate lawyers in Florida sometimes use something called a codicil.
- That is just an amendment to whatever it directly addresses.
- If a codicil does not address a particular part of the estate, then the will still controls.
- Probate attorneys Florida have to pay attention to these details or Florida probate litigation may result.
- Check out this recent case to see why.
In re Estate of Kysor
- This was an appeal from the probate court’s decision in Tennessee.
- A husband and wife had bought land and at some point deeded it to a relative.
- The relative (an uncle) had his probate litigation attorney put the property in their name per his will.
- Then he amended his will instead of making a codicil.
- Guess what?
- His estate lawyer forgot to put the property in there!
- So now the surviving wife has to fight in probate court to get the property back.
- This is why paying attention when you amend your estate plan is so important.
- Do not forget to look at your old plan when amending it to make a new one.
Want to learn more?
Check out the entire case by clicking here.
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