Legal Question in Wills and Trusts in Florida
If a decedent is transferring assets and property right at the end of one's life, does it need to be witnessed and or notarized? in the event it wasn't is it estate property?
Asked on 2/02/15, 8:25 am
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Transfers need to comply with statutory requirements. If no statute requires witnesses or notarization than it is not needed. Real property requires both. Personal property does not. Bank accounts and brokerage account do not. All assets in existence at death in the decedent's name alone is part of the probate estate.
Answered on 2/02/15, 11:38 am
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