Answer in complete sentences and include citations. Research on Florida law: 1. Who may make a will?
Question:
Answer in complete sentences and include citations.
Research on Florida law:
1. Who may make a will? (1 point)
2. Are audio wills permitted? (1 point)
3. Can a testator have someone else subscribe their name at the end of the will? If yes, what are the requirements? (2 point)
4. Where on the will is the testator required to sign? (1 point)
5. Locate and read this case: Dalk v. Allen, 774 So. 2d 787 (Fla. 5th DCA 2000). Explain what went wrong. How did this impact the will? (no citation needed) (5 points)
6. Is it okay for a witness to step out of the room while a testator and other witness are signing the will? Why or why not? (2 points)
7. What is the right to elective share? Does a spouse have this right in Florida? (2 points)
8. How many witnesses are required for a will to be valid? (1 point)
9. What is self-proof of a will? Does Florida permit this? If yes, cite the statute. (1 point)
10. Can a beneficiary (interested person) be a witness to a will? (1 point)
11. If a beneficiary (or interested person) can be a witness, should they be? Why or why not? (no citation needed) (2 points)
12. What impact does divorce (dissolution of marriage) have on a will? (1 point)
13. What is an "intestate estate" according to law? (1 point)
14. Are electronic wills permitted? (1 point)
15. If someone wants to contest a will, how long do they have? (1 point)
16. Are in terrorem ("no contest" or forfeiture) clauses enforceable? (1 point)
17. What effect does fraud, duress, mistake, or undue influence have on a will? (1 point)
18. Read the following case: In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). Summarize the facts. Why was the will challenged? What did the Supreme Court decide? (no citation needed) (5 points)
Florida Statutes can be found here: http://www.leg.state.fl.us/statutes/
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill