Legal Question in Wills and Trusts in Florida

I am caregiver for a dear friend and roommate who has cancer and is not expected to live much longer. i was roommates with him before his diagnoses and the last 2 years have been driving him to all his doctor appts in addition to cooking and cleaning, his laundry, day to day shopping and all the house maintenance, lawn and pool care that i do jointly with our other roommate assisting.

his original will was drawn up when he was diagnosed with male breast cancer and he asked me if i would act as executor of his estate. i was also aware that he named me as beneficiary of certain items and had told me on several occasions thathe was going to deed our home over to us after he passed so that we would be taken care of.

when my friend started on morphine for pain his family started calling more and despite not having seen him for a couple of years, started questioning his estate and they sent his brother down to take him to another lawyer and have his will redrawn. i recently found out that i was removed as his health proxy and executor and was replaced by his brother who lives in n.y.! i have also been notified that all of the property in his estate is being left to his siblings, again removing me and our other roommate from the original will.

to further back up my claims i have a mostly handwritten 5 page letter from my friend stating very clearly that had it not been for my assistance over the last few years he would not have been able to survive. my concerns are, now that he is in intensive care and not expected to live much longer, what rights do i have to our home and possessions , not to mention the many improvements i have made. if his families previous actions are any indicator, i fear for when he passes and they gain control of his estate and my home.


Asked on 10/05/12, 2:14 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You ask about home and possessions. If he owns the home, it will pass by operation of law and the will. You have no rights. Possessions, if they are yours, you may take them. If you have a problem you would need to file a suit against the Estate after the death. Improvements is another story. You would have to establish your entitlement to compensation for same. That will be quite diifficult without some written documentation supporting it. If the improvments cannot be moved, then you could file suit for the value of them attached to the home which passed to his heirs. His 5 page letter doe not really help you much. Seek legal advice with documentation of what is yours and what you have done to improve the property. You are not likely going to be able to contest the will which disburses his assets to his siblings as they are the natural source of his bounty. It is you who is really not the expected recipient.

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Answered on 10/05/12, 2:22 pm


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