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How can I revoke my daughter's portion of my will in Florida?

How can I revoke my daughter's portion 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, you can revoke a will or part of it by creating another will that is inconsistent with the original. You can also revoke a part of your will by executing a new will or codicil that specifically states the revocation. According to Fla. Stat. § 732.505:

A will or codicil can be revoked by a subsequent will or codicil that conflicts with the original, even if it doesn't explicitly revoke the entire document.
A subsequent will, codicil, or other written document that follows the same formalities as a will can declare the revocation.

Therefore, you can revoke the portion of your will that pertains to your daughter by following this procedure.

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.