Legal Question in Wills and Trusts in Florida

Does the notarized promise note have legal power?

My mother has a notarized note promising her that at the death of her 30 year mate, not husband, she would receive $60,000 , and now he has died down in Florida where we believe he may have turned his assets over to his son right before his death. Does my mother, who had no choice but to send him to his son since she has health problems of her own and he was 91, have any right to compensation of this promise? Thanks


Asked on 1/06/02, 1:48 pm

2 Answers from Attorneys

Robert Beatson, II Law Offices of Robert Beatson, II

Re: Does the notarized promise note have legal power?

The answers under MD law will depend on full development of the facts and circumstances, in part because the decedent died in FL. There are MD and FL estate administration issues that need to be carefully considered. There are certain time periods that are applicable for administration of a regular estate and for filing a claim. An experienced estate administration attorney should be able to handle this under the laws of MD and perhaps FL. It is likely that an attorney licensed in FL may be needed at some point. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 1-6-2002, 4 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

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Answered on 1/06/02, 4:05 pm
Sanford Martin Martin Law Office

Re: Does the notarized promise note have legal power?

Only a review of the note, any existing will, and other documents can answer your questions. An attorney can determine whether the note constituted a will, or merely a promise to pay which can be the basis for a claim against the estate. Time is important. You are advised to consult an attorney in the jurisdiction where probate is handled or the deceased is resident.

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Answered on 1/06/02, 7:36 pm


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