Legal Question in Wills and Trusts in Florida
I would like to know what is required by florida law to revoke a durable power of attorney and to revoke the executor. Am I required to notify the person in writing of my decision to remove him?
2 Answers from Attorneys
This is easy. You can revoke your Will or Durable Power of Attorney by destroying them. However, if copies are out there it is possible that someone may think that those documents are lost and not revoked.
The better way is to replace them with a new Will (or a Codicil) and Durable Power of Attorney, which specifically revokes the previous instruments.
You are not required to notify anyone that you revoke or removed a name. However, if they know you did appoint them, and you don't tell them later that they have been removed, how will they know? They may later take an action, in good faith, believing they are authorized.
If I can help further, let me know.
You should file a REvocation of DPA in the county court where you reside and forward a copy to the person you had named (certified return receipt requested ). This way it can not be misconstrued later. As to the executor, do a codicil to your will and name someone else.