Legal Question in Wills and Trusts in Florida
Probate,Trusts,Wills,Estates
Dear Gentlepeople,
My mother is listed as beneficiary in my dad`s will.However, she is now both mentally and physically incapacitated; therefore my dad transferred all assets to his name in order to apply for medicaid.Now he is afraid that should something happen to him she will inherit the assets though not in a mental state to assume that responsibility.If he transfers assets to me and I should die than he fears my mother will lose out. Does he need to see an attorney or can he write a change in the present will and initial the change or need to have it notorized or witnessed?
My parents do live in the state of FL also,county of Broward.
2 Answers from Attorneys
Re: Probate,Trusts,Wills,Estates
I do not recommend that your father make changes to his will and initial. The laws are very particular with respect to how wills must be witnessed. I practice in the Broward County area and would like the opportunity to help you with this. The first consultation is no charge.
Melody Stickel-Martinez
Melody Stickel-Martinez, Esq.
10031 Pines Boulevard, Suite 217
Self HelpTrusts or Wills
Q. My mother is beneficiary in my dad`s will. She is mentally and physically incapacitated. My dad transferred all assets to his name to apply for medicaid. He's afraid that should something happen to him she will inherit though not in a mental state to assume that responsibility. If he transfers assets to me and I die then he fears my mother/he will lose out. Does he need to see an attorney or can he write a change in the present will and initial the change. Does he need to have it notorized or witnessed?
A. He definitely needs to see a lawyer and probably set up a trust. If he knew what to say in his will he could make the necessary changes in a new will. If not, then that is why he needs to see a qualified attorney. He should NOT just write changes in the present will and initial the changes! It could destroy the validity of his existing will. Wills need to be properly witnessed and notarized.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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