Clients new and old have been calling their attorneys, including our office, to either prepare their Wills, Living Wills, Powers of Attorney and other documents as they recognize that life is often fragile. While the logistics of planning are not convenient now, it is unfortunately a good time to draft these documents and avoid a situation where your family is fighting over what the language in a Will means, especially when that fight ends up in court.
And we are here to help you address your concerns, and to avoid the situation that arose in a recent Philadelphia case. In that case, known as Estate of Flores, the Philadelphia Court of Common Pleas had to resolve a family fight over what Quintina Flores’ Will actually meant. Ms. Flores’ Will said that her youngest daughter would be the sole owner of her home. However, the Will also said that Ms. Flores “wished” that the property would never be sold unless all her children agreed. Of course, there was a dispute: Ms. Flores’ daughter wanted to sell the house, but her brother opposed the sale.
The Court ruled that the language in the Will was not clear, and determined that because the Will said that the daughter was the only owner, that language would override Ms. Flores’ “wish” that all her children agree to the sale.
Our office regularly prepares Wills, Powers of Attorney, Living Wills, Healthcare Authorizations and other testamentary documents. We work with our clients to assure them that the language in their documents is clear and reflects exactly what they want. Just give us a call at (610) 446-3457.