By: Matthew O’Kane
The answer may be much more than you pay for it.
On March 27, 2014, the Florida Supreme Court put its “two cents” in when it answered the question for the Estate of Ann Aldrich in the case of Aldrich v. Basile, 39 Fla. L. Weekly S159a. The facts of the case are simple. On April 5, 2004, Ms. Aldrich wrote her will on an “E-Z Legal Form.” In her will, she listed the assets she owned at the time and devised them to her sister. Under the terms of her will, if her sister predeceased her, Ms. Aldrich devised the listed assets to her brother. Her will did not contain a provision dealing with after acquired property, a general devise or a residuary clause that would dispose of any assets not otherwise listed. The E-Z Legal Form will was properly executed. Three years later, her sister died and left Ms. Aldrich additional cash and land. On November 18, 2008, Ms. Aldrich wrote a note that attempted to amend her will acknowledging her sister’s death and devising all “her worldly possessions” to her brother. The note was not executed in accordance with the Florida Probate Code. read more
