Typical Concerns about Florida Oral Wills

Oral wills were typically utilized when an individual was too sick or otherwise not able to write. Question 1: What is a nuncapative will? – Response: A nuncapative will is just an expensive method to say oral or verbal will. With an oral will, the testator– the individual who makes the will– mentions his/her dreams verbally instead of composing them down.

Concern 2: Can I utilize an oral will rather of a written will?
Answer: Not in Florida. Though a little minority of states presently permit 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. Rather of recognizing your desires, the court will either recognize an old will or, if you do not have one, will apply the state’s intestacy laws to identify how your estate will be distributed.

Question 3: What if I live in a state that acknowledges oral wills?
Answer: In basic, a Florida court will acknowledge an oral will if it is made in a state that recognizes such wills. If you live in more than one state and have property in both, it is best to have a will that complies with the laws of both states so there can be no confusion when it comes time to identify if your will is legitimate.

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