Legal Question in Wills and Trusts in Florida

If you have durable power of attorney, your PR, and you've done things, sold land and contracts, but your DPOA, did not have the seal from the notary on it and you've lead the beneficiaries on and did things before the death, then your deeds say it's on the day of the deceased, but I say the deeds were after the death, now, wonder what the Judge will decide. The PR didn't get the waiver. They sold real property and more and signed as attorney in fact but there was no notary seal and no permission from the Judge so, what will happen?


Asked on 3/13/14, 6:37 pm

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

A POA for a decedent dies with the decedent. A PR, personal rep?, cannot act on a POA after death. If actions were taken improperly than they can be challenged. You need the proof of that to support your claims. This requires a skilled attorney familiar with these types of action.

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Answered on 3/14/14, 6:07 am


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