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Can You Probate a Later Discovered Will in Florida?

Uncategorized Feb 2, 2016
post about Can You Probate a Later Discovered Will in Florida?

What do Florida probate lawyers need to know about later discovered  wills? Florida probate litigation often involves a battle of the wills, which form is the true will? Talk to an estate lawyer in Florida if you want to admit a later found will. Also you may want to check out this recent case out of Pennsylvania to learn more.

The Cases of Multiple Wills

  • Florida estate attorneys know that a good estate plan is often amended a few times.
  • Do you know when Florida probate lawyers recommend amending a will?
  • Often times after a major life event it can be prudent to amend one’s Florida estate plan.
  • What happens to the old wills when you amend?
  • Legally they become a nullity in most cases, ask any Florida probate lawyer.
  • The problem is when a later will remains undiscovered and prior ones are probated.
  • Now what do you do?
  • That was the problem posed recently in a Pennsylvania probate court.
  • What would you do?
  • What do you think a Florida probate judge would do?
  • Check out the case and decide for yourself.

In re Estate of Schumacher

  • This was a pro-se appeal in Pennsylvania that means it was done without a lawyer.
  • Do you think it is wise to appeal a probate court without a lawyer?
  • The petitioners were denied admission for probate of an after discovered will.
  • The will that had been probated was signed in 2010 but the later discovered one was written in 2013.
  • Which should be probated?
  • Does it matter that the other will had already been admitted to probate?
  • Here it did and the order was denied and then the decision was affirmed on appeal.
  • Does that sound fair to you?
  • How would this case have ended if it were in Florida probate court?
  • This is why it is so important to keep track of estate plans and updates.
  • Ask any Florida probate lawyer, keeping track of amendments to estates and new wills is critical to avoiding issues like this.
  • How would you handle this if you were the probate judge?
  • Would you just start probate over?

Want to learn more?

Check out the entire case by clicking here.

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