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  • Typical Questions about Florida Oral Wills

    Oral wills were traditionally utilized when a person was too sick or otherwise unable to compose. Concern 1: What is a nuncapative will? – Answer: A nuncapative will is just an elegant way to say oral or verbal will. With an oral will, the testator– the person who makes the will– states his or her wishes verbally instead of composing them down.

    Question 2: Can I utilize an oral will rather of a composed will?
    Answer: Not in Florida. A little minority of states currently enable individuals to utilize an oral will, Florida is not one of them. Even if you make a statement about how you desire your property to be distributed after you die, a Florida court will not recognize this as a legitimate will. Instead of acknowledging your desires, the court will either acknowledge an old will or, if you do not have one, will use the state’s intestacy laws to identify how your estate will be distributed.

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

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