Two people made a do it yourself will and named an executor.

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Two people made a do it yourself will and named an executor. One person passed away the second is in a nursing home. Does the executor have the power over the estate while one person is still alive or would that fall to the person who has power of attorney?

3 thoughts on “Two people made a do it yourself will and named an executor.”

  1. This will may not be valid or properly executed. I can’t tell by your question if this is a joint will or if the person in the home is incapacitated. Regardless, a will needs to be filed with the court after the person’s death to administer estate assets.

    Lesly Longa
    Longa Law P.A.
    511 W Bay Street, Suite 350
    Tampa, 33606

  2. When a person dies, the power of attorney also dies. Is this a joint Will? If so, it may be invalid. If this is a trust, perhaps ok. Is the person in the nursing home incapacitated? If so, a guardianship may be needed to handle that persons affairs. Remember until a will is admitted to probate, the will shall be ineffective to prove title to, or the right to possession of property of the testator/testatrix.

    Lucreita Becude
    Lucreita D. Becude, P.A.
    12469 Antler Hill Drive, N
    Jacksonville, FL 32224

  3. A Will is not effective in any manner until the maker dies and the Court admits it as the decedent’s Will. A power of attorney is a lifetime document, meaning it is only valid while the maker is alive.

    Frank J. Pyle
    Probate Attorney Throughout Florida
    401 West Colonial Drive, Suite 4
    Orlando, FL 32804

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