Legal Question in Family Law in Florida

my sister had power of attorney for my mother, which I understand ceases when the person dies. mother passed away last month. sister stated that she cannot distribute funds until taxes are filed. mother received ss and a pension each month and has been in a nursing home several years. sister sold mothers house before she died for $147,000. there is a will but it does not look like my sister is filing an estate. can she hold the funds from me and my brother?

Thank you for your help,

bt


Asked on 11/15/15, 1:40 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

It may depend on how title reads for the assets (bank account) whether probate is required.

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Answered on 11/15/15, 2:06 pm
Robert McCall Law Office of Robert McCall

You need to have all papers reviewed by a Probate attorney. Impossible to say if she is acting properly without a review of the papers.

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Answered on 11/16/15, 6:26 am
John Smitten Carey and Leisure

A POA expires upon death of the person giving it.

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Answered on 11/16/15, 4:19 pm


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