Legal Question in Wills and Trusts in Florida
Number of witnesses required for a will
I would like to know how many witnesses are required for a will that is drawn up by the parties, notorized and on a standard form purchased at a stationary store. It was done in a hospital while my dad was a resident of NJ but then he relocated to FL and became a resident here before his death.
If a trust is drawn up but does not get signed because the person dies before getting to sign, is there anything that can be done to carry the trust out?
1 Answer from Attorneys
Re: Number of witnesses required for a will
Florida will recognize the Jersey will as valid if it has been witnessed by two people (there are other requirements, of course). In general, if the trust documents were never executed, there is no testamentary trust. There is such a thing as a declaration of trust (orally creating a trust) but it cannot transfer property at death.
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