Legal Question in Wills and Trusts in Florida
Will
I have an aunt who lived in Florida, She passed away today May 8, 2002. She had made changes to her will and the lawyer drew up a new will. She spoke to him on the phone 2 days ago and told him the changes were acceptable to her. But she died before it could be signed. My cousin who lived with her was the power of attorney. Is this new will acceptable or did she have to sign it?
3 Answers from Attorneys
Re: Will
The will is not valid. At the very least, it would have to have been executed.
Under Florida law, a will requires two witnesses to the execution and a notary public with certain expressed language to be "self proving." Failing such, at least on of the witnesses will have to sign an oath of witness to the will before a clerk of the court or a duly appointed commissioner.
Scott R. Jay, Esq. 305-249-8000
Re: Will
She had to sign to make valid.
Re: Will
For a will to valid under Florida law it must be signed.
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