Florida Will Fails to Leave Inheritance — a reason not to write a will yourself

Uncategorized • Apr 23, 2014

A recent Florida Supreme Court probate case demonstrates why writing your own will on a form may not make a lot of sense. In Palm Beach probate circles, I’ve started to see more “do it yourself” wills or “internet” wills being used. This is a strong case for paying a few bucks to go to a Palm Beach estate planning attorney to get a Florida will — and to get it done right. In this case, a Florida will failed to distribute an inheritance received after the will was signed, which may have been un-intended. For estate planning clients who want a simple will, this could happen to you…………

Florida Will Written on Legal Form

A person wrote her own will with a legal form
She left specific property, a house, a Fidelity Rollover IRA, Life Insurance and bank accounts to a specific beneficiary
She did not put in a “residuary clause” that says “everything else goes to ___________________ ” (there was no “catch all”)

Will Did Not Give Away Property Inherited After Will Was Signed

After she signed the Florida will, she received an inheritance

Q: Did the will give away the inheritance which was received or inherited AFTER the will was signed?

A: In this case, no…… because there was no catch all or residuary clause to give away “after acquired property” (also referred to as a general devise)

The inheritance was not mentioned in the will
And the Florida will did not have a “catch all” clause that left “all my other property to _________________ “
Note: the Florida Probate Code says that a Florida will does give away after acquired property, but your Florida will has to say who gets that after acquired property.
If your will doesn’t say who gets “everything else”, a Probate Court is not going to guess who you wanted to receive that property — it goes by way of the Florida Intestacy Statute (to your heirs, not necessarily anyone named somewhere else in the will )

Inherited Property Does Not Pass Under Will

The property acquired or inherited after she signed the will did not pass under the will
It passed under the Florida probate laws of intestacy — going to heirs

Q : why did this happen and how can it be avoided ?

A: 1) spend a few $$$ on a Palm Beach estate planning attorney to get your will done right. At our firm, we do not draft wills & trusts nor prepare estate plans. The good news is that there are number of excellent estate planning attorneys from Palm Beach Gardens, to Delray Beach to Boca Raton who can assist you.

2) consider a catch all residuary clause in your will which leaves all property, including after acquired property, or later inherited property, to a specific estate beneficiary

In this case, the probate litigators argued in the Florida Probate Court, at the Florida Appeals Court and eventually the Florida Supreme Court about how the Florida will left property. Lots of legal fees for your heirs after you are gone?