Legal Question in Wills and Trusts in Florida

Legality of unsigned document

Is it legal for someone who is both, Power of Attorney and Executrix for a relative, to ''rewrite'' a new will at the request of this dying relative, without signature of that relative, and if so, is there a statute of limitations that would void this will in the event that there is no one willing to contest it?


Asked on 8/15/06, 2:31 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Legality of unsigned document

Under Alabama law I don't think that would qualify as a valid will. It should be signed by the testator himself and witnessed by at least two others (there are a few other requirements). I don't know about Florida law, but I seriously doubt that such a will would be valid under any state law. Make sure you've got the original old will! File it as well and let the Court decide how the assets are to be distributed.

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Answered on 8/15/06, 2:45 pm


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