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How much can anyone extend someone's WILL?

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sol8232

Junior Member
What is the name of your state? FLORIDA.

My aunt passed away few months ago now and she left us with a will that says that her properties will be given away to her boyfriend (not even married) and his sons (not hers) IF she doesn't come back from her vacation. (She came back from vacation safely of course.)

Her will was written few years ago suspiciously signed by her boyfriend and his best friend as the witness.

What her boyfriend claims is that all of my aunt's properties are HIS, because of this will.

So, my question is... How far can you stretch this will? My aunt came back from her vacation, but yet this will still stands or no?

Also, one off-topic question... Who is responsible for announcing the official time of death at a hospital? (it's awfully off)

Thank you so much.
 


BelizeBreeze

Senior Member
What is the name of your state? FLORIDA.

My aunt passed away few months ago now and she left us with a will that says that her properties will be given away to her boyfriend (not even married) and his sons (not hers) IF she doesn't come back from her vacation. (She came back from vacation safely of course.)

Her will was written few years ago suspiciously signed by her boyfriend and his best friend as the witness.

What her boyfriend claims is that all of my aunt's properties are HIS, because of this will.

So, my question is... How far can you stretch this will? My aunt came back from her vacation, but yet this will still stands or no?

Also, one off-topic question... Who is responsible for announcing the official time of death at a hospital? (it's awfully off)

Thank you so much.
Second question first: The attending physician.

First question: contact a probate attorney. It should be easy enough to find the answer but for some reason I can't. However, in many states, a witness to a will cannot also be a beneficiary therefore, you can contest the will on these grounds.

however, a local probate attorney will be able to answer this to a certainty for you.
 

justalayman

Senior Member
First, I must say I am amazed that BB has fallen a bit short on your answer. I am generally impressed by the depth of his knowledge. I'm glad to see his is actually a human out there somewhere and not some computerized answering system:D

Merry Christmas BB.

Anyway, this is what I found in Florida statutes:
732.504 Who may witness.--

(1) Any person competent to be a witness may act as a witness to a will.

(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.
So, a few things you did not mention;

Did it give direction that is different given the possibility your aunt did return from her vacation?

Has the will been filed in probate court?

Is there an attorney for the estate and/or personal rep/executor?

Do you have your own attorney? The estates attorney does not represent your rights.

re; time of death.

I don't know the cause of your aunts death but the AP is often not standing right there watching the clock. A person could have died long before the AP actually pronounces time of death. They can't witness it (and pronounce it) until they see it.
 

justalayman

Senior Member
I also bleed and fart :D
Oh my God!!

This is like finding out Santa Claus and the Easter Bunny aren't real!:eek: :eek:

What's next? GW is going to admit we aren't winning the war in Iraq? I don't think I could take that!!!

oh, what's that you say? He admitted that already? OMG, the Apocalypse must be upon us.
 

sol8232

Junior Member
First, I must say I am amazed that BB has fallen a bit short on your answer. I am generally impressed by the depth of his knowledge. I'm glad to see his is actually a human out there somewhere and not some computerized answering system:D

Merry Christmas BB.

Anyway, this is what I found in Florida statutes:


So, a few things you did not mention;

Did it give direction that is different given the possibility your aunt did return from her vacation?

Has the will been filed in probate court?

Is there an attorney for the estate and/or personal rep/executor?

Do you have your own attorney? The estates attorney does not represent your rights.

re; time of death.

I don't know the cause of your aunts death but the AP is often not standing right there watching the clock. A person could have died long before the AP actually pronounces time of death. They can't witness it (and pronounce it) until they see it.
Did it give direction that is different given the possibility your aunt did return from her vacation?
---no other different direction at all. she apparently wrote a will right before she went onto a trip with her boyfriend. i have to ASK, why would anyone do this before going on a non-dangerous trip?


Has the will been filed in probate court?
----no it has not been, that's why we had to ask my aunt's boyfriend's lawyer for WEEKS just to get the will.

Is there an attorney for the estate and/or personal rep/executor?
----my aunt's boyfriend

Do you have your own attorney?
----yes my dad does, but our attorney's competency is questionable in my opinion... my dad seems to like him.

Normally, I have no interest in laws or haven't really seen any court dramas on tv. Weird how sometimes things grab you out of your seat and pulls you toward into things that you never cared about before.

Truthfully, my aunt died, because she apparently tripped and fell at a Red Lobster restaurant when she went out to eat with her boyfriend and his sons. While she was being carried to the hospital, he began to sell every property that she owned and cared for. (sorry i forgot to mention that he had some kind of document that grants him power to share and own every property of hers until her time of death comes -- what is this document called?)

What really caught me was the timing of his actions. He KNEW that my aunt wasn't going to make it, so he took advantage of the document he signed with my aunt (paper that grants him her property as long as she lives) while she was being carried to the hospital AND while she was in her death bed. When I actually heard the news that my aunt passed away, we raced to the hospital and we saw her boyfriend and his sons crying. And after a min or so, they began to laugh and act as if nothing happened. This whole thing seemed planned out as if he already expected her to pass away so soon.

I've read some laws for wills... Someone can seriously fake one's will easily or take advantage of it. There are SO MANY holes for smart greedy people to take advantage of... ESPECIALLY if you're living with someone whether you're married or not. I don't know if her wills and every other documentation that her boyfriend's law showed us are real or not
because....
1) his law firm is known for morally wrong dirty tricks
2) both of the papers are signed by the same group of people (my aunt's boyfriends friends - even lawyer) at different period of time and date.
3) it took them weeks and weeks for them to show us the paper (time to prepare fake papers?) We asked for it at the hospital at the time of her death, yet he refused and lied to us. Also, by the time we went over to my aunt's house, almost every valuable thing is gone, even her WILL papers - i have NOT seen them and he would not show it to anyone before he contacted his expensive attorney firm.

Seriously, I don't care about money, because the money will go to my aunt's ex husband and his sons (personally i don't know them). I just want the truth and nothing, but the truth and seek justice in his morally wrong action stealing other people's money.

Sorry for the long post. Thank you so much for helping!
 
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justalayman

Senior Member
I don't know of anyhting that gives another ownership of ones property to another during their lifetime but what is often found in situations where one may need a representative to do business in their name is a power of attorney (POA)

Although it does allow a person to act in anothers name, it does not convey property or ownership of anything.

If a person is devious, it could allow one to take actions in anothers name and steal the proceeds since the POA would have access to such. There are rules and laws regarding the actions of a POA and they can be held accountable for acting against the best interest of the primary. Deals can actually be undone and the POA can be held legally accountable for any missing funds.

Unless you have nothing else to do and lots of money to spend, especially since you are gaining nothing from the estate, hire an attorney of your own. From your description, it does sound as if there may be some problems. It is going to take a competent attorney to deal with the problems and do whatever they can to assure that things are on the up and up.

The problem with seeking advice on a website is that nobody can truly do anything and there is too much info that is unavailable to those here. If dads attorney isn;t getting the job done, hire your own.
 

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