Legal Question in Wills and Trusts in Florida
will
my mother died yesterday after a lengthy illness, she made a will in april but started to doubt that her power of attorney would follow it so on monday she made an addendum to her will and had it witnessed and notorized and then signed it, is this addendum legal and valid?
3 Answers from Attorneys
Re: will
Not unless what she signs meets all the requirements of a will. You need two witnesses, for instance.
A power of attorney loses all rights upon death.
Re: will
If it was executed according to Florida Law (written, witnessed and notorized), it is.
Re: will
Since a power of attorney is a lifetime document (dies at her death), I don't know what that refers to. However, if she signed the addendum in front of two subscribing witnesses, and the change makes sense, it would be valid to change the will.
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