Mom needs a will and POA

[springfield]

Now that Mom is in TV, she would like to get a new will for FL health directives, and power of attorney. Are the on line forms as legal as ones drawn up by an attorney if it is notarized? She really can't afford the legal fees. Thanks for any advice

[Dr Winston O Boogie jr]

Now that Mom is in TV, she would like to get a new will for FL health directives, and power of attorney. Are the on line forms as legal as ones drawn up by an attorney if it is notarized? She really can't afford the legal fees. Thanks for any advice

From what I've read, the online forms are just as legal and don't have to be notarized. They only have to be signed by two witnesses who are not beneficiaries of the will.

[Carla B]

Be sure that whatever website you use assures that the form will be good in FL.

[rjm1cc]

It is hard to say what problems you might run into. I would think they would be ok as long as you have 3 witnesses and notarize. I assume she will have a small estate under $75,000 (look up summary probate in Fl). If she does you can settle the estate without an attorney. Otherwise you will need an attorney and might as well have that attorney draw up the documents. Get the fee first and it should be minimal as it will mostly be boiler plate.

For assets she owns - bank accounts, stock, bonds etc. she should be able to add a payable at death or beneficiary to the account. (she does not give up any ownership - do not make the accounts joint) These will pass outside of probate and her will.

The power of appointment is important and even if an attorney drew it up you could have problems. I would ask the financial institutions she has accounts at if they have a standard form they like and use that as well as your online form.

For the health directive it might be that your doctor or local hospital has a standard form. I would try and use these if you can.

If she has these documents from another state they are probably ok (if self proving according to FL law ) but in the end I think it would be best to see a FL attorney.

[Villager Joyce]

You pay for a lawyer now to do it right or you pay a lawyer twice as much later to fix it. That, of course, is IMHO.

[villagetinker]

We are just in the process of having this done. One word of caution, the Florida POA is 29 pages long, the one I had in PA was 7 or 8, who knows what the online ones are. I would be very cautious about the online forms. We are using Pittman law, based on the very positive comments from TOTV. We were impressed with the initial interview, and the depth of knowledge they provided.

[Cathy H]

In Fla. a will requires probate taking 1 to 2 years to complete. For about $ 400 a lawyer can write a trust over a will that requires no probate.

[Villager Joyce]

I think $400 for a trust in a little low and 1 to 2 years for probate a bit long. I've lost way too many family members in Florida and probate didn't take more than a few months.