Legal Question in Wills and Trusts in Florida

I have a neighbor who is dieing from ALS. He probably will be dead in a year from this disease. He and his wife have not been very close for the last few years. Yet, he and his daughter are VERY close. My question is.... If he gives his daughter POWER of ATTORNEY and EXECUTOR over his Will, can she the daughter kick her mother out of the house that is 1/2 in her mothers name? Also, will the daughter get ALL the monitary assets and savings, his retirement from the state of florida, and Social Security benefits that would normally go to his wife? In other words, what will happen to the mother????

Thank you...

Larry


Asked on 5/06/10, 4:03 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

The daughter cannot change the father's will. The father must change his own will. Also, the mother is protected by various laws, including homestead and elective share laws. If the father does try to cut the mother completely out of his will, these laws will protect her from not being kicked out of the home and from not receiving any assets of the father's estate. Finally, if the home is in joint name with the mother, the home will by law pass to her upon his death.

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Answered on 5/11/10, 8:06 pm


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