How do you probate an estate which has two wills, and one of them is a Mexican will? Well, if you are involved in a Palm Beach probate with two wills, and one of them made in another country, you should consider reading the August 24, 2015 case of Estate of Robert Warren Fansler, Garson-Ayvazian v. Stettner, F069736, 2015 WL 5011716, which is a Court of Appeal, 5th District case from California.
How do You Probate An Estate if There Are 2 Wills?
- June 2006: Robert signed a last will in California
- Robert’s 2006 last will named his sister, his daughter and his friend as beneficiaries of his estate
- His friend was named the executor of his will, what Florida probate lawyers call the personal representative of the estate
- November 24, 2011, Robert died, so his friend started a probate of his estate in Arizona, where Robert died at his death and where he evidently was a resident of when he died
- Hold on !
- A woman shows up in the probate court claiming to be Robert’s wife from a Mexican marriage and with a Mexican will
- The foreign will names this new spouse, or this latest spouse as sole or 100% beneficiary of Robert’s estate,
- The Mexican will is from June of 2011, signed in Mexico supposedly !
Are Foreign Wills Valid in Florida Probates?
- So, what do you do if there is a new will that shows up in Palm Beach probate court that you never even knew about?
- What if someone comes to the Palm Beach probate court and gives you or files a foreign will which you knew nothing about?
- Are foreign wills valid in Florida?
- Well you can check out the Florida probate rules and the Florida Probate Code, but, generally, if a will was valid when it was made and it was written and signed according to the law of where it was made, it may be valid in Florida
- BUT….. what property of the estate or probate does the foreign will seek to transfer or leave or let someone inherit?
- Does the foreign will dispose of property in that foreign jurisdiction or country only, or does the foreign will dispose of property in Florida, too?
- Many people who own real estate or land in a foreign country are advised by estate planning attorneys Boca Raton to do two things:
- 1st, hold the foreign real estate in a corporation or an LLC
- 2nd, have a foreign will that only, only, distributes the foreign property at your death
Where Do I Probate a Foreign Will?
- So, where do you have the probate proceeding or estate case for a person who dies with more than one will?
- In this recent, August 24, 2015 California probate case of dueling wills, they had theirprobate lawsuit and their will contest case in California
- But there was also a 2nd probate or estate legal proceeding: in Arizona probate
- And there were legal actions going on in Mexico !
- Why are there three probate cases going on?
- The Mexican will was also the subject of a court action in Mexico
- So, why are there three probate cases going on?
- And what law or probate laws do you apply to determine who inherits the estate?
- Well, I’ll let you read this object to the will probate case from California
- Here is a link to read this entire probate lawsuit, foreign will and object to the Probate case: http://www.courts.ca.gov/opinions/nonpub/F069736.PDF