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  1. #1
    Join Date
    Oct 2011
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    2

    Default Mother's Living Will

    My question involves estate planning in the state of: Florida My mother has prepared a living will, several times. she keeps changing it. she has a live in "Friend" that has now taken up homestead in her home that absolutly refuses to leave. he is co-dependent and is abusive but she is afraid of him and wont do anything about it. I have requested her to get her affairs in order. The friend is under the impression that he gets to stay there after she has passed. i am the executor of her so called estate but she hasnt completed the will.
    1. how do we get the will completed? does it require an attorney?
    2. what rights do i have if she passes with out the will being executed properly?
    Can i get him out of the house legally? I am so afraid that he will distroy the place if she passes before him?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Mother's Living Will

    A living will has absolutely nothing to do with inheritance rights, or who would get to live in mom's home after she passes away.

    If your mother wishes to draft and execute a last will and testament, given that you don't know the difference between that and a living will, and given the obvious conflict of interest with you being an heir, it would be much more sensible to help her consult a lawyer and have the lawyer draft and assist with the execution of the will than to try to have her draft it herself.

    If your mother dies with no will, the laws of intestate succession will apply.

    If mom is mentally competent, she gets to pick who lives in her house. If not, it's too late for her to draft a will - you have to be mentally competent to execute a will.

  3. #3
    Join Date
    Oct 2011
    Posts
    2

    Default Re: Mother's Living Will

    Quote Quoting Mr. Knowitall
    View Post
    A living will has absolutely nothing to do with inheritance rights, or who would get to live in mom's home after she passes away.

    If your mother wishes to draft and execute a last will and testament, given that you don't know the difference between that and a living will, and given the obvious conflict of interest with you being an heir, it would be much more sensible to help her consult a lawyer and have the lawyer draft and assist with the execution of the will than to try to have her draft it herself.

    If your mother dies with no will, the laws of intestate succession will apply.

    If mom is mentally competent, she gets to pick who lives in her house. If not, it's too late for her to draft a will - you have to be mentally competent to execute a will.
    She is very competent but afraid of her living situation. I have tried to assist her in evicting him according to law, but she refuses to do so because she is afraid for her safety. I as well for her. I am not sure what i can do for her as far as that goes. She has prepared a "Living Will" un executed at this time. I have requested she see an attorney but has yet to do so. I understand now that a living will is for her wishes as she is alive and the last will is for after death. But she is to scared to kick him out while she is alive. So that will leave me to deal with him after. Do I have any grounds to stand in this situation? Provided she has a last will and provided she doesnt have one?
    Thank you for your assistance on this. I dont know what to do for her. If she insist on completing it herself do I still need to file it somewhere with the court or have an attorney execute it while she is still alive?

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