Legal Question in Wills and Trusts in Florida
My husband passed away recently; we have been separated and divorce has been in process for over a year. He does not have a will but he did appoint durable power of attorney to his mother. Do I have the right to see this DPOA document now that he is gone and what possible surprises could I be facing at this time?
3 Answers from Attorneys
You are the surviving spouse under these facts. Durable power of attorney died with him. it no longer has value. a probate estate needs to be filed. seek legal guidance
Mr. Stein is correct. When your husband passed away, the Durable Power of Attorney became null and void. She no longer has any power. You are the surviving spouse and have the authority to schedule his funeral, arrangements etc. You also have access to any accounts that he did not name a joint owner with. Any stock, bonds, retirement etc. Contact an attorney to probate the estate. Did you own a home jointly, vehicles etc.
As his spouse, you are entitled to Probate the Estate. Suggest you retain counsel. Good luck.
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