Legal Question in Wills and Trusts in Florida
mother needs simple will
My mom has no will--when dad passed on he had a sweetheart will--which we got at the library..My mother dosent want to use an attorney,,She wants to just do a simple will that is notorized from the library--leaving me her house--which is paid for--Her stocks already have my name on them..The question here is..Is their a simple will in which she can do without an attorney that she may simply leave all to me--medical condition now warrants this...thank you..
1 Answer from Attorneys
Re: mother needs simple will
There are lots of forms available in "form books" and online. A poplular version is from Nolo Publishers who publishes legal self help books available in bookstores.
I want to caution you, however. If your mother makes a mistake it will not be found out until the will is probated at her time of death. It will be too late to make any corrections. Most forms available in books or online are too generic and do not serve the individual well. Your mother may leave out pertinent clauses or may not have it signed properly. There are many pitfalls which may happen.
I stongly suggest that your mother visit with an attorney who can properly draft her will and make sure it is executed properly. You suggested that mom has a medical condition - perhaps some advance directives are necessary such as a health care power of attorney or proxy. Other legal instruments might be advisable also and there is no form book that can listen to the facts and make that determination for you. "Penny wise and pound foolish" may be the wrong choice for your mother.
Scott R. Jay, Esq. 305-249-8000
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