What is the name of your state?State: Florida
The situation: My husband has an elderly aunt (92) who is a widow with no children. She lives alone. Her closest blood relatives are my husband (age 78), and two nieces (ages 71 and 50’s). My husband and I live about 40 minutes away from his aunt in Florida for 6-7 months a year; the two nieces live in New Jersey (we are in NJ during the summer months, but legal residents of Florida). The aunt’s last will was made in 1964 in Florida when her husband was still alive. In it she leaves everything to her husband, but if he predeceases her (which he did in 1988), she leaves everything to Niece #1. At that time her house was worth about $14,000 - today it is worth about $200,000 (her only other property consists of what is in the house - furniture, household items, wall pictures, etc., most of which are dated and of no real value). She receives a small pension, SS, and has very little savings. Now, she has three lady friends (non-relatives) that are close to her - clean her house, look in on her, do her shopping, take her to the doctor, etc. My husband also does things for her occasionally, mostly repairs as needed, and when we visit her every few weeks we bring dinner, bring her gifts, etc. She is relatively healthy and of sound mind for her age.
Twice, when the conversation turned to it, we have talked to her about updating her will. She has verbalized that she wants to leave each of the three lady friends and Niece #2 $10,000 out of the sale of her house after her death, and she wants my husband and Niece #1 to split the remaining proceeds after expenses are paid. She wants Niece #1 and her husband (in NJ) to be executors. We have encouraged her in an unbiased way that she should do as per her wishes, and offered to take her to see a lawyer (and, of course, let her discuss with a lawyer in complete privacy). She says she know she should do this, and will get one of her lady friends to take her, but hasn’t done it yet. Naturally, Niece #1 hasn’t talked to her about this because she stands to gain the house and everything else if the will is not updated. The only copies of the will lie with the aunt and Niece #1. Also, in the 1964 will, she names her late husband as executor (so now, there really isn't another one named).
Questions: If she dies before the will is updated, is the 1964 will valid? Any reasons why it might not be? Does my husband have any legal “standing” in terms of claiming an equitable interest in the estate? Would he have grounds for contesting / challenging the will? Should he, from a legal standpoint? Can he file to become an executor? What else should we know?
If this scenario comes to pass, Niece #1 will take everything with no regard for anyone else in the family, and no regard for the lady friends or Niece #2. Any insight / advice greatly appreciated.
The situation: My husband has an elderly aunt (92) who is a widow with no children. She lives alone. Her closest blood relatives are my husband (age 78), and two nieces (ages 71 and 50’s). My husband and I live about 40 minutes away from his aunt in Florida for 6-7 months a year; the two nieces live in New Jersey (we are in NJ during the summer months, but legal residents of Florida). The aunt’s last will was made in 1964 in Florida when her husband was still alive. In it she leaves everything to her husband, but if he predeceases her (which he did in 1988), she leaves everything to Niece #1. At that time her house was worth about $14,000 - today it is worth about $200,000 (her only other property consists of what is in the house - furniture, household items, wall pictures, etc., most of which are dated and of no real value). She receives a small pension, SS, and has very little savings. Now, she has three lady friends (non-relatives) that are close to her - clean her house, look in on her, do her shopping, take her to the doctor, etc. My husband also does things for her occasionally, mostly repairs as needed, and when we visit her every few weeks we bring dinner, bring her gifts, etc. She is relatively healthy and of sound mind for her age.
Twice, when the conversation turned to it, we have talked to her about updating her will. She has verbalized that she wants to leave each of the three lady friends and Niece #2 $10,000 out of the sale of her house after her death, and she wants my husband and Niece #1 to split the remaining proceeds after expenses are paid. She wants Niece #1 and her husband (in NJ) to be executors. We have encouraged her in an unbiased way that she should do as per her wishes, and offered to take her to see a lawyer (and, of course, let her discuss with a lawyer in complete privacy). She says she know she should do this, and will get one of her lady friends to take her, but hasn’t done it yet. Naturally, Niece #1 hasn’t talked to her about this because she stands to gain the house and everything else if the will is not updated. The only copies of the will lie with the aunt and Niece #1. Also, in the 1964 will, she names her late husband as executor (so now, there really isn't another one named).
Questions: If she dies before the will is updated, is the 1964 will valid? Any reasons why it might not be? Does my husband have any legal “standing” in terms of claiming an equitable interest in the estate? Would he have grounds for contesting / challenging the will? Should he, from a legal standpoint? Can he file to become an executor? What else should we know?
If this scenario comes to pass, Niece #1 will take everything with no regard for anyone else in the family, and no regard for the lady friends or Niece #2. Any insight / advice greatly appreciated.