Legal Question in Wills and Trusts in Florida

father's death no will

my father recently passed. he had a power of attorney but, as far as i know he had no will. the power of attorney took everything and through us crumbs. what kind of legal action, if any can i explore?


Asked on 5/06/08, 9:46 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: father's death no will

A power of attorney is no good after someone dies.

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Answered on 5/06/08, 10:18 pm
David Luber The Estate Planning Law Firm, P.A.

Re: father's death no will

A Power of attorney who abuses their power and acts in their own interests and not the best interests of the person for whom they hold the power of attorney can be sued. Also a Power of Attorney is no longer valid after the death of the person for whom they have the power of attorney.

Florida has intestate sucession laws that say who will receive property that is in a persons sole name when they have no will and the items had no beneficiary designations.

If property should have passed to you but for abuse of a power of attorney that property could be recovered through estate litigation to show the court the improper conduct and how it should have passed but for the self interested acts and misuse of fiduciary. What did the POA do in order to take everything and leave you the crumbs? When did they do it? Who (what relationship to your dad) was the Power of Attorney? How much money was involved?

If the POA was used after death or the facts indicate that there was abuse of power for its use then hiring an attorney to pursue the abuse and seeking to have the property go to those who would have otherwise received it would be a legal action the could be considered based on the facts of the situation and amounts involved.

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Answered on 5/06/08, 11:02 pm


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