Legal Question in Family Law in Florida
Separated from husband about a year and he passed back in May. Was in the process of going through a divorce which was not finalized. There were mediation papers signed by his power of attorney prior to his death and now I am being told that this is null and void eventhough it was indicated of his condition at the time. He pasted in another county of the state of FL. I was referred today to go to a probate lawyer versus family lawyer. Do I need to go to the county which he passed? Also the death certificate was indicated as "divorce" and informed to go to the medical examiner for updates. I was not originally involved therefore am I able to adjust this paper. Is this also not falsified information?
1 Answer from Attorneys
Death by divorce? What medical examiner wrote that? Though, I have to admit, I have had a couple of clients whose divorces have nearly killed them.
The probate, if there is one, will occur in the county where he passed, so, yes, you should speak with a lawyer there. You should also get the medical examiner to correct the cause of death, though it really doesn't matter for your purposes. All you really care about is that he died and that you now inherit all of his stuff, or at least as much as his will says you inherit, if he had a will. Remember that he can't completely cut you out of his will, even if you were divorcing, but I'll let the probate lawyer explain that to you. Usually, a spouse is better off financially in probate than in divorce.
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