Legal Question in Wills and Trusts in Florida

Re: Is my father's will legal?

The letter you described sounds like a codicil to his original 1998 will. In Florida, a codicil must have the same formalities of a will in that the witnesses must actually witness the signature of the testator (person who wrote the will) by being in the same room at the time the testator signs and watching him sign. Usually, if the will was professionally prepared, the witnesses and the testator's signatures are notarized, otherwise a witness must testify in court that he or she saw the testator sign. A letter stating that he wants you to be the personal representative does not change the original will's beneficiary (your father's friend). A personal representative is the person who actually gathers all of the assets, pays the estate's debt, including the funeral expenses and estate's administrative expenses, and distributes the assets in accordance to the testator's wishes to the beneficiaries.

Re: Is my father's will legal?

Based on your statements, the issues are: Is the letter a new will, a codicil to the existing will, or merely an incomplete writing of an intention to change his will. It is not clear whether the letter was signed by your father in the presence of two witnesses who also signed the writing at some point. And it is not clear whether your father changed the beneficiaries. You are advised to consult with a local attorney who can review the documents and advise you of legal options. Be aware that if the matter is in probate, there are specific time limits re any contest of the will.