Legal Question in Wills and Trusts in Florida

how can you contest power of attorney/will

an uncle of mine passed away less then a year ago,before that,his brother acquired power of attorney over him,due to his failing health/memory.ive asked him if my uncle left any money,and he claims he didnt,well i dont believe that at all,i also know that my uncle had a will because he told me he did,but his brother claims he didnt.my question is their a public record of his will that i can look at??and how can i find out how much my uncle actually left behind??and if by some chance he didnt have a will,does his brother have the right to keep all his money for himself??


Asked on 12/10/04, 4:50 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: how can you contest power of attorney/will

First, know that the Power of Attorney (POA) is no longer effective as it ceased to exist with the passing of your uncle. Assuming the POA was one broad in power, your brother's uncle was required to keep an accounting of your uncle's assets and liabilities. As far as a will, you can see if one has been deposited with the probate court in the county where your uncle resided at the time of his passing. Additionally, you can petition the court to open probate if a Personal Representative has not yet been named but based on the facts you present, if there is no will, the state will apply intestacy law and you probably won't receive any of the estate. Good luck to you.

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Answered on 12/10/04, 8:29 pm


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