US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Can you tell me the procedure for revoking only a part of my will in Florida?

Can you tell me the procedure for revoking only a part of my will in Florida?

Q: Who is disqualified from inheritance?

In Florida, individuals disqualified from inheritance include those convicted of murdering the decedent, those who committed fraud against the decedent, and certain individuals deemed mentally incompetent. The specifics can vary, so it's advisable to seek legal counsel for personalized advice.

Q: What are the inheritance laws for siblings in Florida?

In Florida, if a person dies without a will, their siblings may inherit equally if their parents are also deceased. If there is a will, the inheritance will depend on its terms. Siblings do not automatically inherit if the deceased has a surviving spouse or children. For specific cases, consulting an attorney is recommended.

Q: Can minors own property in Florida?

Yes, minors can own property in Florida, but they cannot legally manage it. A guardian or custodian must manage the property until the minor reaches the age of majority, which is 18 years old. It's important to set up proper legal arrangements to protect the minor's interests.

Q: Who is not allowed to inherit from parents?

In Florida, individuals who are convicted of murdering their parents or who have committed fraud against them are not allowed to inherit. Additionally, if a parent has a valid will that excludes a child, that child will not inherit. Legal advice can clarify specific situations.

Full question:

I retired from my job last year and came to live in Florida with my youngest daughter. As I am unable to take care of my properties and accounts, my daughter manages it. Once day she persuaded me to make a will and put everything in her name, which I did. After that, her attitude has changed drastically. I think I did a mistake by making her the successor of major portion of my property and money. Can you tell me the procedure for revoking only that part of my will that concerns my daughter?

Category: Wills and Estates
Subcategory: Revocation
Date: 04/07/2025
State: Florida

Answer:

In Florida, a will or codicil in whole or any part of it may be revoked by making another will, which is inconsistent with the former will. A will or any part of it may also be revoked by a subsequent will declaring the revocation of the former will. The relevant statutory provision in this regard is stated below.

Fla. Stat. § 732.505 reads:

“A will or codicil, or any part of either, is revoked:
(1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency.
(2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.”

Thus, you may revoke a part of your will per the procedure enumerated in Fla. Stat. § 732.505.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is not allowed to inherit?

In Florida, certain individuals may be disqualified from inheriting. This includes individuals who have been convicted of murdering the decedent or who have been found to have committed fraud against the decedent. Additionally, if a person is deemed mentally incompetent, they may also be excluded from inheritance. It's important to consult with an attorney for specific cases, as laws can vary.

What can you not inherit from your parents?

In Florida, you cannot inherit if you are disqualified due to specific reasons, such as being convicted of a felony related to the death of your parent. Additionally, if your parent has made a valid will that excludes you, you will not inherit anything. Always check the terms of the will and consult with a legal professional for clarity.