Legal Question in Wills and Trusts in Florida

Last Will and Testament

My mother died in Aguust this year, she left a house in another city . The house is paid for but the deed was never changed to myself (her caregiver)or my brother. She left a will that was not signed by a lawyer but created and notarized by a notary with signatures of two witnesses from the church she used to attend. I have had two opinions on the will. One said it is not binding the other legal rep said it is good. The original hand written will was destroyed after a person my mother knew as a notary did the will for her and told her it was fine as long as it was notarized and had the two witnesses. Can I get the property changed in my name on this basis. I also still have the POA papers where It gave me full rights to be her legal representative even in making decisions for property. Thanks for your assistance ASAP.


Asked on 10/10/06, 4:28 pm

3 Answers from Attorneys
Robert Roemer Robert Roemer

Re: Last Will and Testament

i would need to see a copy of the last will to see

if its legal and as such could transfer the title to you and what other assests need to be distributed from her estate. If you want to retain my law firm

call me at my office or send me an e-mail to advise me how to reach you. I have another solution to this situation even if the will isn't

valid.

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Answered on 10/10/06, 4:51 pm
David Slater David P. Slater, Esq.

Re: Last Will and Testament

The will must be probated to determine its validity. If invalid, Florida state laws as to intestacy (without a will) kick in.

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Answered on 10/10/06, 5:15 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Last Will and Testament

In order to be valid, a will in Florida must be signed at the end by the maker with the intent to make a will. The signature must be witnessed by to witnesses, and all must sign in each other's presence. Notarization is not required, although if utilized with the proper language and after all three have signed under oath, it may make it easier to have the will admitted to probate. From your statement, it appears that the will may be valid, but without seeing the will, I cannot give you a firm opinion as to its validity. In any case, probate in her county of residence will be required to transfer title. If the will is not valid, then Florida law would pass the property to her children (assuming no husband). The POA died when she died. It is of no legal significance.

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Answered on 10/10/06, 5:23 pm


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