Legal Question in Wills and Trusts in Florida

My father passed away 3 months ago. I have received a letter from my step sisters lawyer asking that we sign and notorize the letter negating my father and step mothers will. My step mom is 80 and has severe dementia and my step sister has power of attorney.

My two sister have also received the same letter. It is my understanding from the letter if We do sign it we give my step sister and her brother the rights to the home and all assets after my step mom passes.

Do I have any rights and do I need to get a lawyer?

Thanks

John


Asked on 6/26/10, 11:09 am

2 Answers from Attorneys
Richard Kaplan

If you have to ask if you need a lawyer, then you need a lawyer.

Part of this depends upon if you are in agreement with this. Another part is why they are doing it, and if this method will work.

So yes, you need a lawyer.

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Answered on 6/26/10, 3:38 pm
Lucreita Becude Lucreita D. Becude, P.A.

Get a lawyer. If they want you to sign away your rights, you can bet it is because the step mom has a will that is a mirror image of your dad's and probably states that the property is yours. And since she has severe dementia she is not able to be competent enough to change her will. I bet your step sister has guardianshp papers on your step mom stating she is incompetent and therefore would not be able to change her will.

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Answered on 6/28/10, 9:27 am


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