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    allyfive's Avatar
    allyfive Posts: 7, Reputation: 1
    New Member
     
    #1

    Apr 8, 2017, 10:43 AM
    Wills and excutors
    1. In the state of FLORIDA and MONTANA: If (when) a parent, of two adult children, drafts his Last Will and Testament, and bequeaths , his home to his offspring, can the spouse of one the offspring also become beneficiary of this house as joint owner or owner in a smaller fraction of the house? Yes or no answer please.

    2. Are there any known MONTANA court cases where a Judge legally modified at Last Will and Testament of a decedent? What are these cases? Dates of cases and counties? District court name(s)? Judge’s name if you know it?

    3. Is there a law in FLORIDA AND MONTANA that prevents an executor of an Estate and Last Will and Testament from being a beneficiary of the same estate and Last Will and Testament? Where can this law be found, court case names, counties, what law books? (book titles,volume etc.?)
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Apr 8, 2017, 11:27 AM
    1. No. If a will specifies assets going to legal beneficiaries, then a spouse of a beneficiary is not part of that. However, If the beneficiary subsequently dies, the spouse may become entitled to a share, even if probate has now been completed.

    2. A Judge cannot modify a will unless there are provisions in that will that violate state law. For example, if the will tries to disinherit a spouse in states where that is illegal (FL and MT are among them), then the will can be adjusted to comply with the law.

    3) Neither FL or MT restrict beneficiaries from being executors. I'm not sure any state does.

    I'm sorry, but you misunderstand the scope of this site. We are not going to do legal research for you to the level you are asking. If you need that, you need to hire a lawyer.

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