Fathers house
My father is divorced and in his papers it states that we owns half of the house he lives in and my mother owns the other half. My husband and I moved in with my father 2 years ago to help take care of him because he is sick. He told us that we are to get his half of the house. He typed up a letter stating this. It says “I ____ do on this date of February 02, 2007 leave all my worldly goods and possessions to ___ and ___ This letter is signed and notarized. I just want to make sure this is a good legal document and will hold up on court if need be. I also have a signed and notarized general power of attorney.
Re: Fathers house
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This document will probably NOT be valid as his will if that was your intent. If it is supposed to be his will, it does not conform with Florida’s requirements which requires two witnesses and a notary public to witness it in order to be self-proving. You should invest in the time and nominal cost to have his will properly drawn by a Florida attorney in order to avoid costly mistakes that you may have committed. It will be far less expensive to spend a few dollars now then to have to spend much more in order to try and convince a judge to accept this as dad’s last will and testament. Further, if the 1/2 interest in the house is dad’s only asset, then you might want to consider having dad sign a quit claim deed for his 1/2 interest giving him a life estate for his interest with a remainder to you in order to avoid probate. An attorney can review the fact pattern and advise you which might be better for his and your needs.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133