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I live in Florida and I am the executor of a trust and will for a long-time friend.
My friend left a very detailed trust for the care of his indigent brother prior to his passing. He also left a similarly detailed will. My friend passed 2 years ago, and his brother passed 2 months ago. The estates of both are closed. All debts paid, assets turned to cash, accounts are closed. Currently there is nothing left but an account with monies to be paid out per the will.
His long-time lawyer has a signed and dated copy of his will from 2012. Upon cleaning out his personal effects, I found the original will with hand-written changes signed January 2017...one month before he passed. Does the will that the lawyer possesses supercede the later signed will that the lawyer has not seen?
This is important because the later-signed document has clear instructions to remove a beneficiary and to reallocate that money to a charity.
My friend had no remaining family with the passing of his brother. The original will lists 3 individuals as beneficiaries, myself and 2 others. One of which I have never heard of. The latest will removes this person and asks that money be donated.
Even though he didn't give this to the lawyer before he passed, is this the binding document, or do I default to the one the lawyer has?
Seems an easy question for the lawyer, but I have never developed a trust for him. I have continued to work with him bc he acted as a personal layer for my friend for more than 40 years.
 
Posts: 1150 | Registered: October 05, 2008Reply With QuoteReport This Post
Striker in waiting
Picture of BurtonRW
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I’m not going to subscribe to buy this paper, but based on the title, I wouldn’t be optimistic that Florida would recognize the holographic codicil:

28 U. Fla. J.L. & Pub. Pol'y 541 (2017)
Analyzing Holographic Wills in the Digital Age: Should Florida's Antagonistic Stance Be Liberalized in Light of Other Jurisdictions' Leniency

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16330 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
I recommend asking a lawyer (not the one representing your friend) with expertise in trust and estate law.

If you would like, I can get the name of the attorney (in Palm Beach Gardens) who handled my in-laws' estates. Did a first rate job.





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 32255 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
Ammoholic
posted Hide Post
Interesting question. The first thing that leaps to mind is that quote (I think from jhe888) with a prediction. The second is thoroughly addressed by Sig2340 - get advice from a qualified attorney in that jurisdiction with expertise in that field.
Off to make popcorn and wait for the prediction to come true. Smile
 
Posts: 7163 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
Administrator
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quote:


(1)

(a) Testator’s signature.—

1. The testator must sign the will at the end; or

2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.

(b) Witnesses.— The testator’s:

1. Signing, or

2. Acknowledgment:

a. That he or she has previously signed the will, or

b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.

(c) Witnesses’ signatures.— The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.


Fla. Stat. Ann. § 732.502

Given only the facts you've stated, your circumstances resemble Dahly v. Dahly, 866 So. 2d 745 (Fla. Dist. Ct. App. 2004) where the FL court of appeals chose not to recognize changes to a will because the father's attempt to revoke portions of his will by lining through the name of the designated personal representative, placing the word "delete" over certain paragraphs in the will, and placing his signature with the words, "Please draw up a new will making all changes noted here" on a note in the adjoining margin failed to meet the statutory requirements for revocation.

Dahly v. Dahly, 866 So. 2d 745, 748 (Fla. Dist. Ct. App. 2004)

I'd still get a FL wills & trusts type lawyer to look at it.

Did you say you don't trust the lawyer who has the 2012 copy?

Why didn't your friend show the 2017 changes to his lawyer (I know, it's too late to ask him, but if you know more to the story it might be useful for whoever follows up on this case to know)?

I'd be curious to know if your friend's lawyer ever explained to your friend that FL doesn't recognize holographic wills.
 
Posts: 17733 | Registered: August 12, 2000Reply With QuoteReport This Post
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