After an argument my mother wrote a note stating I wouldn't be included in the will where I was originally. Note was not witnessed but was signed. She died and relatives are honoring the note. Is the note val;id?
3 Answers from Attorneys
Hi. The note is not valid. To Be valid, it would have to be properly signed, witnessed and notarized in accordance with Florida statutes. Since the note was only signed, it is not valid and only the will is valid.
The will trumps the note. Is there a will? That would be the document that matters.
The note is not valid. If you are included in the will, and the will was validly executed, then the Personal Representative needs to include you as a beneficiary under the will. Your mother would have had to validly execute a subsequent will or codicil (change to the will), which needs to be executed in the same manner as a will. I strongly encourage you to consult with a probate attorney in order to preserve your rights.