Legal Question in Wills and Trusts in Florida

I was my fathers DPA and he had wanted me to switch his property deed back into my mothers name (his ex wife). problem is that he had a longtime girlfriend that lived with him that he repeated tried to have leave his residence while he was sick in the hospital but she refused knowing that the house was being left to her in his will. my father never got around to changing the will out of his ex girlfriends name and had wanted me to give it back to my mother. They still had a bond, and my mither was with him day and night taking care of him while he was sick in the hospital the last few years. They were married for 28years and originally the house was given to my parents by my grandparents. Verbal agreement was that the house would go back to my mother if anything happened to my father. She did not know that the will that was written had it still left to my fathers ex girlfriend. Can the judge take the house away from my mother?

Asked on 2/20/12, 4:15 pm

Sanford M. Martin Sanford M. Martin, P.A.

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Based on your described facts, the girl friend is the beneficiary. You cannot

exercise a DPOA after your father is deceased. If he did not change the will, the court

will enforce the intentions expressed in the will so long as it is a valid will.

Answered on 2/20/12, 4:39 pm

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