Legal Question in Wills and Trusts in Florida

distrabution after a death

My son's father past away. Owns home, property etc. There are 4 children, two are minors, which my son's father gave power of attorney to his brother. A friend says he has copy of will, but will not present it. Father was not married at time, but did have the two monor children living with him. Who has what rights? And what can be done to ensure the children do not get ripped off. Can the children make any decisions as to what is to be done with the property? How do they go about finding out how things will get split evenly?


Asked on 7/02/08, 1:52 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: distrabution after a death

A power of attorney is no longer effective when someone dies. It becomes useless. The law requires someone who has the will to file it when a person dies. If they do nopt, you can begin probate and force the will to be filed and disclosed. The property will need to go through probate. If you can't get a copy of the will, you will need to see a probate attorney. It is pretty straight forward.

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Answered on 7/02/08, 3:27 pm


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