Legal Question in Wills and Trusts in Florida
parents live in florida, have 10 yr old living will notarized in NY state. addresses have changed, both theirs and of their children. is it still valid in florida, or does it need to be amended and notarized in florida?
4 Answers from Attorneys
Still valid, but to avoid any issues, have it done again.
Yes, if it was valid in NY it should be valid here. They can easily update it themselves. You can find a living will form free on-line at the Florida Bar's website. There is a link through at my blog post on the subject: http://floridawillmaker.com/2009/10/07/living-wills-yes-you-can-do-it-yourself/
Regards,
In Florida a living will should have two witnesses - notarization not required. If I were them, I would do a new one.
If they are competent, then do a new one. Go to the Florida Bar website and download one for free. You do not need it to be notarized. However while you are at it, perhaps you should consider have their wills updated and a health care surrogate appointed. I am located in Duval County if I can be of assistance.
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