Typical Questions about Florida Oral Wills

– Response: A nuncapative will is just an elegant way to state oral or verbal will. With an oral will, the testator– the person who makes the will– mentions his or her dreams verbally rather of composing them down.

Concern 2: Can I utilize an oral will instead of a written will?
Answer: Not in Florida. A small minority of states presently allow individuals 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 dispersed after you die, a Florida court will not recognize this as a valid will. Instead of acknowledging your dreams, the court will either recognize an old will or, if you do not have one, will apply the state’s intestacy laws to determine how your estate will be distributed.

Question 3: What if I live 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 acknowledges 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 figure out if your will is legitimate.

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