Typical Questions about Florida Oral Wills

Oral wills were traditionally utilized when a person was too ill or otherwise not able to write. Concern 1: What is a nuncapative will? – Answer: A nuncapative will is merely an expensive method to say oral or spoken will. With an oral will, the testator– the individual who makes the will– mentions his or her dreams verbally rather of writing them down.

Question 2: Can I use an oral will rather of a composed will?
Answer: Not in Florida. A small minority of states presently allow people to utilize an oral will, Florida is not one of them. Even if you make a declaration about how you want your property to be distributed after you pass away, a Florida court will not recognize this as a valid will. Instead of recognizing your wishes, the court will either acknowledge an old will or, if you do not have one, will use the state’s intestacy laws to figure out how your estate will be distributed.

Question 3: What if I reside in a state that acknowledges oral wills?
Answer: In general, a Florida court will recognize an oral will if it is made in a state that recognizes such wills. Nevertheless, if you reside in more than one state and have property in both, it is best to have a will that adheres to the laws of both states so there can be no confusion when it comes time to figure out if your will stands.

Post Author: Laurie Roberts

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