Ann Aldrich used a free online legal form to complete a will in 2004. She left specific gifts to her brother which consisted of nearly all her assets at the time she created the document. However, she subsequently acquired over one hundred thousand dollars several years later. When she died shortly thereafter, she had not revised the Will.
The brother argued that it was the Decedent’s intent to leave everything to him based upon the 2004 will. However, the Florida Supreme court disagreed in the matter of Aldrich v.Basile, — So.3d — (Fla. 2014), 2014 WL 1250073. The Court ruled that if she had intended this result, she could have easily included what is called a “residuary clause” that left everything to him. As a result, he now had to split these funds with the nieces of another sister who died before Ms. Aldrich.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.