Q: I had an uncle die during the hospital COVID lock down of 2020. He wanted to amend his will over the phone with his PR.
This took place in Florida. The hospital was very strict on no visitors, and since it was a weekend, the PR was unable to contact the lawyer. This dictated change over the phone was unable to be signed / witnessed before he died. It was just a matter of hours from the phone call to his passing. Are there any provisions due to the COVID lock down that would make this a legal codicil? The change was to give his deceased wife's belongings to her daughter, to include a small life insurance policy (her will left her entire estate to him). They had no children together, but he had a daughter from a previous marriage that he knew would not share anything with his (non-adopted) stepdaughter. His will (written before the 2nd marriage) left his entire estate to his first-born child, his daughter.
A: Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was passed allowing wills to be signed electronically. However, they still must be written and signed will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
