Legal Question in Wills and Trusts in Florida
changing executor of will
In order to make changes in a will originally drawn up by a lawyer, including executor, does the new executor need to sign a form and have it notarized?
4 Answers from Attorneys
Re: changing executor of will
Where does the person who made the will live? If Florida, then I'll defer to Ms. Torres.
But I see you also indicate "CA". If the person who made the will lives in California, do NOT get the will notarized; notarization does NOT work for California wills. In California, a will either needs to be entirely in a person's own handwriting (a "holographic will") OR it needs to be witnessed by 2 individuals over 18 years old who are not inheriting anything under it.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Re: changing executor of will
The first question is where the will was signed and whether the state of Florida is the correct venue for and codicils (amendments to a Will)
If Florida law is applicable the executor does not sign anything. If the person who made the will wants to make an amendment, I would recommend that an attorney review the same. By drafting your own language and not meeting the requirements for such change, the person may in effect revoke the original will without meaning that result.
With Wills there are certain formalities that must be met or you may end up with no will and no amendment.
If you have any further questions, please feel free to e-mail your telephone number.
Re: changing executor of will
No. Only the person making the will. But, wills are tricky. I don't advise do it yourself wills. I recommend a living trust package for the middle class. You can get all the information you need about how and why to do this yourself from my plain English, written for laymen, not lawyers, book, Create Your Legacy & Save the American Middle Class. You can get it at Amazon.com or www.IWant2CreateMyLegacy.com.
Re: changing executor of will
The testator (person who's will it is) needs to sign the amendement and have it notarized and duly witnessed per floria Law.
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