QUESTION

Is it legal for my brother to make a document that gives him certain rights to the property?

Asked on Jan 31st, 2012 on Estate Planning - Florida
More details to this question:
My father will say if any conflict arises to memoranda, the provisions of the last executed document shall prevail. My brother, prior to my dad passing, had a notarized document made that certain property be given to him entirely bypassing me and my other brother who were in the will and that everything be divided equally. Is that legal?
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3 ANSWERS

Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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It depends how involved your brother was in having this document executed. Most estate litigation centers around competency and undue influence. If your father was in his right mind, it's probably OK. But if there were circumstances suggesting that your brother fooled him into signing it or used his position as a confidant to get your father to do something that he didn't really want to do, then the will/deed/power of attorney (or whatever) can be successfully challenged.
Answered on Feb 22nd, 2012 at 10:50 AM

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Probate & Trust Attorney serving New Smyrna Beach, FL at Christine Alexis Gay, P.A.
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If the will has a statement in the will that there will be a writing attached to the will making specific bequests, then the additional writing becomes part of the will. There may be issues of the validity of the writing or will not addressed here. It would be wise to consult an attorney on this matter to determine if the will and or the memorandum are valid.
Answered on Feb 21st, 2012 at 4:23 PM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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If the document your brother has was executed as a last will and testament with all the requirements and formalities of a last will and testament and was executed last, that's the document that will prevail. However, just a simple document, although notarized but without the formalities of a will, will not supersede an existing Will.
Answered on Feb 21st, 2012 at 2:51 PM

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