Legal Question in Wills and Trusts in Florida

If a family member has power of attorney over a person without that persons knowledge and that person does not have a will and gets married does the new spouse inherit the persons estate if that person becomes deceased.


Asked on 3/25/11, 5:04 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

A POA must be executed with the knowledge of the grantor who is mentally competent and sound of mind. The person without knowledge has no obligation to recognize such POA and should clearly deny his or her consent. Furthermore, a POA ceases to have any legal effect after the death of the grantor and would have no effect on the inheritance of the estate. I hope this helps you understand the distinction between POA's and a will.

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Answered on 3/25/11, 5:21 pm
Lucreita Becude Lucreita D. Becude, P.A.

If the grantor has no knowledge of the POA, you might want to find out why? Otherwise, I believe Mr. Martin has answered your question.

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Answered on 3/27/11, 7:06 am


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