Legal Question in Wills and Trusts in Florida
In August 2006, my parents signed their wills and made me executor of their estate. In March of 2009, my brother removed them from their home, and put my Father into a nursing home, where my Father died due to complications of bedsores. He has since filed a lawsuit against the facility. I also think that the lawyer who is handling the lawsuit is probating my Father's will, and I have had no contact from him about the estate, which now belongs to my Mother. In fact, my family has not informed of anything regarding my Mothers financial situation. My Mother . who now lives with my sister, has problems with her memory, and personal hygiene. My sister, who is caring for my Mother, now wants a new will made for her, making her executor of the estate. Is this legal?
2 Answers from Attorneys
Your sister cannot make a will on behalf of your mother. Assuming your mother is mentally competent and able to make her own will, then your mother could contact an attorney and have a new will drafted on her own behalf.
If your mother does not have the mental capacity to make and sign her own will, then any will she does sign under the circumstances or at the insistence of your sister can be contested and may be invalid. Only your mother can have a will made for herself. Regards,
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