How do I get a will written, probated, and a power of attorney assigned? And how much does this normally cost?

Question

My mother had a stroke two weeks ago but is still of sound mind and body.  However her blood pressure is becoming difficult to control and she wants me to get her estate in order.  I need to help her get her will written and probated as well as obtain power of attorney and draft a DNR order.  Not sure if all of this can be done at once or what I need to have ready for an appointment.

Phillip William Gunthert · Answer

You will need to have your mom speak with a Florida Estate Planning Attorney if she is in Florida. Costs can vary drastically from law office to law office based on hourly attorney fees or even flat-fee costs based on the law firms established billing. The documents that you want drafted can be secured but your mom will have to complete the intake forms and express what she wants done. If your mom is not of sound mind or struggling, this will be difficult to get completed. I would further add, if her ability to comprehend falters then you will likely end up pursuing a guardianship, therefore time is no doubt of the essence if she is and remains mentally sound. I emphasize, your mom needs to pursue these matters, otherwise you expose yourself to potential challenges later as a result of undue influence, mental incapacity and so forth if anyone with an interest in your mom's well-being, her estate or as a potential heir or otherwise is disgruntled with what was done and how it was pursued and done.

Terrence H Thorgaard · Answer

You cannot "get her will probated" until after she has died.  Probate is a court proceeding to establish such things as whether the last will was executed properly, appoint a personal representative, etc.  So no, it can't be done all at once.

Q: How do I get a will written, probated, and a power of attorney assigned? And how much does this normally cost?