Legal Question in Wills and Trusts in Florida

This will may not be valid or properly executed. I can't tell by your question if this is a joint will or if the person in the home is incapacitated. Regardless, a will needs to be filed with the court after the person's death to administer estate assets.

When a person dies, the power of attorney also dies. Is this a joint Will? If so, it may be invalid. If this is a trust, perhaps ok. Is the person in the nursing home incapacitated? If so, a guardianship may be needed to handle that persons affairs. Remember until a will is admitted to probate, the will shall be ineffective to prove title to, or the right to possession of property of the testator/testatrix.

A Will is not effective in any manner until the maker dies and the Court admits it as the decedent's Will. A power of attorney is a lifetime document, meaning it is only valid while the maker is alive.