Legal Question in Wills and Trusts in Florida

Power of Attorney

I intend to leave all my property to my wife. Instead of a will, can I use a General Power of Attorney to carry out my wishes?


Asked on 3/25/07, 5:46 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Power of Attorney

A power of attorney is a lifetime document, valid only while you are alive. Sorry.

Read more
Answered on 3/25/07, 5:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Power of Attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. A Power of Attorney has an entirely different purpose and will cease to exist upon the death of the maker. A Last Will and Testament first takes life upon the death of the maker and is used to indicate to whom items of value and property shall be transfered to by the estate of the decedent.

I strongly urge you to visit with an attorney who can draft the necessary instruments so as to be sure your wishes will be carried out upon your demise.

Scott R. Jay, Esq.

Read more
Answered on 3/25/07, 8:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida