Legal Question in Wills and Trusts in Florida


My mother is dying with cancer that has spread to her brain and only has a few days left to live, and she is uncapable of answering any questions or writing because of the cancer hitting her nervous system, and she does not have a will written out and i wanted to know if i could write it out if she would sign it because i know what she wants because we have talked about it before.

Asked on 5/13/03, 8:17 pm

1 Answer from Attorneys

Re: will

Technically, someone else can sign for her in her presence (and that of two witnesses). However, she must have testamentary capacity (a type of mental capacity). It sounds as though she is not. In a case such as this one, be prepared for a potential contest. If at all possible, contact an attorney first thing tomorrow morning (someone who could actually visit with your mom and evaluate her mental capacity).

Keep in mind that there are intestacy statutes that would apply if there is no will. These statutes may be in your family's favor (depending on many things).

Best wishes to you and your family.

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Answered on 5/13/03, 8:51 pm

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