Is the status of my father's will invalid after he remarries? 2 Answers as of August 24, 2011
My father used to reside in PA and made a will naming my brother and I as beneficiaries of his estate and all monies to be divided 50:50 between my brother and I. He was a widower at the time. He then remarried 10 months after making this will and is now resident in Florida. He never changed his will after he married. Is this will still valid or is it invalid now due to his marriage?Free Case Evaluation by a Local Lawyer!
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The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
Now that your father is a Florida resident, if he dies in Florida, his estate is subject to Florida law. If your father and his new wife have a pre-nuptial agreement, then it is likely that you and your brother will still receive your shares under his Will. However, if he does not have a pre-nuptial agreement, then your fathers wife, if she survives him, is entitled to an elective share of 30% of the estate. If your father has a homestead in Florida, solely in his name, she is also entitled to elect a life estate in the homestead (at his death) or elect a interest in the homestead (within 6 months after his death).
Answer Applies to: Florida
Replied: 8/24/2011
Apple Law Firm PLLC | David Goldman
Its not invalid, but it needs to be updated.
Answer Applies to: Florida
Replied: 8/23/2011
