Legal Question in Real Estate Law in Florida
wills
my fathers girlfriend is older and lives on a fixed income she told me if i would pay there mortgage payments and agree to help them with 250.00 dollars per month after the mortgage pays off untill they pass on she would will the place to me and she wrote a will on notebook paper and says we can sign it and get it noterized with 2 witnesses on notebook paper is this legal
1 Answer from Attorneys
Re: wills
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, it will probably not be valid. Florida requires specific language to be contained in a will in order for it to be valid. Even if it was, a will can be changed at anytime to name a new beneficiary. In order to ensure that your father's girlfriend lives up to her promises, you should get her to execute a Quit Claim Deed keeping a life estate for her with a remainder to you. Have the will drafter by an attorney to make sure it is done properly.
Scott R. Jay, Esq.
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