FL Wills Flashcards
What is the Florida Slayer Statute?
A statute that prohibits a person who unlawfully causes the death of another person from receiving any benefits from the deceased person’s estate.
Florida law does not enforce “in terrorem” or ___________ clauses in wills.
“no-contest” clauses
According to Florida law, if a decedent is survived by a spouse and one or more descendants, the surviving spouse takes a life estate in the homestead, with a _________ __________________ to the descendants in being at the time of the decedent’s death.
vested remainder
Florida law recognizes tenancy by the entirety, which is a special type of joint ownership between married couples. When property is owned in this way, each spouse owns the entire property, and it includes the right of survivorship, meaning that upon the death of one spouse, the surviving spouse automatically becomes the owner of the entire property.
Emily made a will leaving her antique furniture to Jane and the rest of her estate to Sarah. Some time later, Emily created a codicil to the will, devising her artwork to Lisa. Due to a misunderstanding, Emily mistakenly destroyed the codicil instead of the will. Emily passes away. What is true about the distribution of Emily’s estate?
Lisa receives the artwork under the terms of the codicil.
In this scenario, Emily initially made a will leaving her antique furniture to Jane and the rest of her estate to Sarah. Later, she created a codicil specifically devising her artwork to Lisa. However, due to a misunderstanding, Emily mistakenly destroyed the codicil instead of the will. It’s important to note that revoking the codicil does not affect the will itself. Since the will was not revoked, the terms of the will remain intact. Jane would receive the antique furniture as specified in the will. However, the codicil, which specifically devised the artwork to Lisa, was mistakenly destroyed. Therefore, Lisa would still receive the artwork under the terms of the codicil, despite its accidental destruction. The rest of Emily’s estate, not affected by the codicil, would be distributed according to the terms of the original will, with the antique furniture going to Jane and the remaining estate going to Sarah. Hence, the correct answer is (C) - Lisa receives the artwork under the terms of the codicil.
Under Florida law, there are three separate “presence” requirements for the validity of a will: the testator must sign or acknowledge their signature in the witnesses’ presence, the witnesses must sign in the testator’s presence, and the witnesses must sign in each other’s presence. If a will fails to meet these requirements, what is the likely outcome?
The will is automatically considered invalid, regardless of any other factors.
In Florida, Jim created a will in 2025 bequeathing all his assets to his wife, Linda, and his son, Mike. Jim’s will does not mention his daughter, Sara, who was born in 2023. In 2027, Jim adopted Alex. In 2048, Sara gave birth to her son, Bob. Jim died in 2050 without making any changes to his will. Which of the following statements is correct about the application of Florida’s pretermitted child statute?
Only Alex is entitled to a share of Jim’s estate as a pretermitted child. According to Florida’s pretermitted child statute, only after-born or after-adopted children of the testator are considered as pretermitted children
T or F
When a beneficiary predeceases the testator, their share passes to the other named beneficiary if the will so provides.
True
______________ administration is applicable for in-state property of a nonresident decedent.
Ancillary
___________ Administration:
is the choice of administration for an estate depends on several factors, including the value of the estate, the nature of the assets, and the residence of the decedent.
Full
In Florida, a surviving spouse has the right to choose to take a statutory share of the estate, known as the _____________ share, instead of accepting what was provided in the decedent’s will.
The elective share in Florida is _______ of the elective estate, which includes the probate estate and certain nonprobate assets and will substitutes (like revocable trusts and survivorship property).
elective; 30%
Can children born out of wedlock in Florida inherit from their biological father as if they were born in wedlock without any additional steps to prove paternity?
No, because a child born out of wedlock may not inherit from his or her father’s estate.
In Florida, a child born out of wedlock can inherit from his or her biological mother, but inheriting from the biological father requires additional legal steps.
If the biological father has not formally recognized the child, or if paternity has not been legally established, the child may not be able to inherit from the father’s estate as if born in wedlock.
In Florida, Matthew and Lisa got married and after three months, they legally separated. Six years after their legal separation, Matthew died intestate. What portion of Matthew’s estate would Lisa receive?
100%
In Florida, if a married individual dies intestate (without a will), and has no descendants, their surviving spouse is typically entitled to the entire intestate estate. This is true even if the couple is legally separated, as long as they are not formally divorced.
Daniel, a widower, has three children: Amanda, Beatrice, and Clara. Amanda has two children, Beatrice has four children, and Clara doesn’t have any. Beatrice predeceases Daniel. After Daniel’s death, if he dies intestate, what portion of Daniel’s estate will Clara receive?
1/3
Under Florida’s intestacy laws, which follow a system known as “per stirpes,” if a person dies intestate (without a will), their property is distributed to their descendants. If all children are alive, they would each receive an equal share.
What is the definition of a pretermitted spouse?
A person who marries the testator after the testator’s last will has already been executed.
A pretermitted spouse refers to a person who marries a testator (the person who made the will) after the testator’s will has been made and who is not provided for in the will.
The law often provides protection for pretermitted spouses to prevent unintentional disinheritance, typically allowing the pretermitted spouse to claim an intestate share of the estate or a specified portion, even if they are not mentioned in the will.
George, a non-Florida resident, passed away with a holographic will bequeathing everything to his lawful wife, Elizabeth. Prior to his demise, he gave some personal belongings to his two children from a prior marriage, Richard and Robert. The rest of his personal possessions, including a “Pikachu Pokemon Card,” were left to Elizabeth. Elizabeth died intestate, survived by her three grown children. Who has the legal right to inherit the “Pikachu Pokemon Card”?
Elizabeth’s direct descendants.
What is the status of holographic wills under Florida law?
In the state of Florida, holographic wills are not recognized.
Therefore, they are considered invalid.
(wills that are handwritten by the testator and not witnessed)
What is ademption in the context of a will?
It is the situation where a specific bequest in a will cannot be fulfilled because the property no longer exists.
Ademption = a situation in which a specific item of Personal Property or specially designated real property is substantially changed or not part of the decedent’s estate when he or she dies.
Thus, the gift fails or is “adeemed,” and the beneficiary receives nothing.
What does abatement refer to in estate law?
It is the reduction of legacies when the funds or assets of the estate are insufficient to pay them in full.
In estate law, abatement refers to a proportional reduction of the gifts when the assets of the estate are not sufficient to pay the gifts in full.
If there are not enough assets to fulfill all of the bequests made in a will, then the gifts may have to be reduced (abated) proportionately.
Thomas, a Florida resident, has a valid will that he executed in 2020. In 2022, he executes another testamentary instrument, which doesn’t mention or revoke his 2020 will. How would these two documents be interpreted under Florida law?
The 2022 instrument is considered a codicil to the 2020 will, and both are read together to the extent possible.
In Florida, can a will be revoked by a physical act performed by another person?
Yes, but only if the revocation is at the testator’s direction and in the testator’s presence.
In Florida, Emily, a child, is adopted by John, who is the new spouse of Emily’s natural mother, Sarah. Emily’s natural father, Paul, had passed away before Sarah remarried. How would Emily’s adoption by John affect her inheritance rights from Paul’s family?
Emily’s inheritance rights from Paul’s family remain unaffected despite her adoption by John.
According to Florida law, if a child is adopted by the spouse of a natural parent who married the natural parent after the death of the other natural parent, the adoption ______________ affect the child’s inheritance rights between the child and the family of the deceased natural parent.
does not;
In Florida, under what conditions is a military testamentary instrument considered a valid will?
(1) The instrument must be executed by a testator who is eligible for military legal assistance.
(2) The instrument must be executed in the presence of military legal assistance counsel.
(3) The instrument must be executed in the presence of two disinterested attesting witnesses.
In Florida, what happens if a later will is discovered after the estate has been fully administered and the personal representative has been discharged?
The administration will not be reopened, and the earlier will that was already administered will continue to govern the distribution of the estate.
In Florida, what are the requirements for a will executed by a nonresident of the state to be valid and admissible to probate?
The will must be executed in accordance with the laws of the state or country where the testator was at the time of execution.
Florida recognizes the validity of wills executed in accordance with the laws of other jurisdictions.
Will a will drafted in a foreign language will be accepted in Florida?
Yes, as long as an English translation is provided for the court.
David executed a valid will in Florida, leaving his entire estate to his brother, Shawn. At the time of David’s death, his estate included a USDA loan on his homestead property. Who will be responsible for repaying the USDA loan?
David’s estate.
The USDA loan is a debt of the estate and must be paid out of the estate’s assets before distribution to the beneficiaries.
What is the requirement for signing a will in Florida, and what happens if a dispositive provision is located below the testator’s signature?
A will in Florida must be subscribed (signed at the end).
If a dispositive provision is located below the testator’s signature = the entire will is invalid.
What is the Dependent Relative Revocation doctrine in Florida?
Doctrine that allows a revoked will to be revived if the revocation was based on the mistaken belief that the testator had other means of support.
