Legal Question in Wills and Trusts in Florida
Mother Refuses to have a will
My parents had a joint will - when he died - it went to my mother - and when she dies - it goes to the kids. She now says she doesn't need a will and no longer wants my oldest sibling to be the executor. She has signed her house to my bothers name - Nobody knows what she is doing with the rest and she won't tell anyone. Help - We don't know what to do. We all think she should have a will
2 Answers from Attorneys
Re: Mother Refuses to have a will
What you want and what your mother wants are two different things. As long as she is legally competent, she can do what she wants with her estate.
Re: Mother Refuses to have a will
Your mother does not have to have a will if she does not want one, but if she dies without one, then, if she lives in Florida, her possessions and assets will go to her heirs in equal portions if she has not provided for such. However, without seeing the will she and your dad had together, it is impossible to say if she can sign the house away or not. If she does not have a life estate, and she owns the house alone, then she can give it to whomever she wants to. There is nothing you can do about to whom she leaves her possessions unless she is mentally incompetent. If she is, then you need to see an attorney for your options.
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