Legal Question in Wills and Trusts in Florida

Re: durable power of attorney

'Sorry you and your family have lost your father. I've been through that. This is a broad question which gives rise to many answers and needs more info. (was there a will, was he married, was there real property???,etc.)to render a legal opinion. My office handles probates in North Florida. If we can be of assistance, let me know. It's a fairly straight forward process, especially if all the family members get along and desire the same result.

I do not believe a power of attorney is what you need. A probate case will have to be filed and administered. However, if the total amount of the estate is less than $75,000.00, an abreviated probate procedure (summary administration)may be filed.

In a regular probate (formal administration), someone is appointed as the personal representative. Perhaps someone was telling you you need a P.O.A. to allow the grantee to sign docs down here for either you or your brother. The personal rep. is responsible for, among other things, coordinating with the atty for the estate, getting mail, if any, from decedent's residence, opening up a bank acct., finding out if there are any creditors, paying some bills, and distibuting assets.

You may want to get online and check Florida Statutes sec. 732 & 733.

'Hope this helped, contact my office if we can be of further assistance. Tom Rosenblum

Re: durable power of attorney

Who is the power of attorney to? If your dad lived in Florida his estate has to be probated there and all forms should be Florida forms. You will probably need a Florida attorney to walk you through the process.

Re: durable power of attorney

DPA is the same in all states. The real question is what you are trying to do.

Re: durable power of attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Like the other attorneys who answered you, I am not sure what you are trying to accomplish, however, I can state a few things in general.

First, a Durable Power of Attorney would have to have been created while the maker is alive. If you have one from your dad, it expires upon his death so it will be of no use.

Second, in order to probate your dad's estate, it must be filed in the State of his domicile which was Florida.

Third, you will need to retain a competent attorney who understands your situation and can help you resolve your issues.

Scott R. Jay, Esq.

Re: durable power of attorney

Contrary to what the other authors have advised you, a Durable Power of Attorney cannot be used for a Florida Probate, unless you are authorizing some third party to assist you with the estate and its probate. Presuming your Dad had a Will, it must be probated in the Surrogate's Court in the County in which your Dad lived when he passed away. If he had no Will, an estate administration must be done in the same Court (administration is probate without a Will). In Florida everything must be done by a Florida attorney, who must sign all papers, and if you need assistance in finding one, I have a few friends there who do estate and probate matters. Both you and your brother can qualify, although if only one of you are named in the Will, he qualifies. Florida probate is very strict and every "i" must be dotted and "t" crossed. Every detail must be covered with their Surrogate, even in the most simple of estates. If you need more information, contact me directly.

Re: durable power of attorney

If your father was a resident of Florida and there are assets here in Florida, then you will need to open probate here. The type of probate and how complex it will be depends upon the type and amount of assets your father had. In most cases this can be done without any need for or your brother to travel to Florida. My web site contains answers to many common questions relating to Florida Probate and is located at www.flprobate.com.

Re: durable power of attorney

I saw your question and the answers which are all legally correct. I would add that you need to check all life ins,bank acct.,brokerage accts,etc because that might be registered as joint tenancy-with another person like you and those assests could pass immediately to the co-owner.If you need assistance I offor a free telephone conference with new clients like you so if you have any questions call me at my office.