Legal Question in Wills and Trusts in Florida

A will was prepared. Another will was prepared afterwards. The trust was drafted after our father died to go with the first will by my sister (PR). The first one said created by my father and read: created by me on June 6, 1998, and the revocable trust was not there with our fathers signature because he had told the PR no. Now sister (RP) is drafting a revocable trust to go with the old will. Is this even legal. Doen't our father have to be alive to change it back? She states she does not have the New will. Thanks a Million! CC


Asked on 4/26/12, 9:32 am

3 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Your deceased father cannot be a grantor or trustor of a revocable trust

not executed by him.

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Answered on 4/26/12, 10:13 am
David Slater David P. Slater, Esq.

A second will usually revokes a first.

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Answered on 4/26/12, 10:35 am
Lucreita Becude Lucreita D. Becude, P.A.

The second will is the valid will. There is no trust and there is nothing she can do to produce one unless she plans to forge his signature. I suggest you file the second will and get the matter probated before she does something illegal.

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Answered on 4/26/12, 1:39 pm


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