Legal Question in Wills and Trusts in Florida

Re: Fathers house

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This document will probably NOT be valid as his will if that was your intent. If it is supposed to be his will, it does not conform with Florida's requirements which requires two witnesses and a notary public to witness it in order to be self-proving. You should invest in the time and nominal cost to have his will properly drawn by a Florida attorney in order to avoid costly mistakes that you may have committed. It will be far less expensive to spend a few dollars now then to have to spend much more in order to try and convince a judge to accept this as dad's last will and testament. Further, if the 1/2 interest in the house is dad's only asset, then you might want to consider having dad sign a quit claim deed for his 1/2 interest giving him a life estate for his interest with a remainder to you in order to avoid probate. An attorney can review the fact pattern and advise you which might be better for his and your needs.

Scott R. Jay, Esq.