Legal Question in Wills and Trusts in Florida

A married couple has a will and reside in Florida. The woman has two adult children from previous marriage. The man has two adult children from previous marriage. In the past 3 years the man has been diagnosed with frontal lobe dimentia and is slowly getting worse. In the past 2 months the woman has been diagnosed with breast cancer. The fear now is the woman will die before the man. Can the will now be changed? If he is deemed incompetent to make decisions, can the will be changed? The woman is not interested in cutting out her husband's children. Her fear is that her own children may be cut out since the estate will be left in the hands of a mentally incompetent husband.

Asked on 8/01/09, 8:57 am

David Slater David P. Slater, Esq.

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This should have been taken care of long ago. If he is competent to sign a will, his will can be changed. Ask his doctor.

Answered on 8/01/09, 4:40 pm

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