Legal Question in Wills and Trusts in Florida
Possible forgery on will
My mother passed away six months ago. Her husband, my stepfather, passed away last week. We are currently trying to locate her will, however, his will states, ''in the event my wife (name) shall pre-decease me, I bequeath and devise all property, both real and personal, to OUR children.'' His daughter (my stepsister) also has a copy of his will, in which she ''whited-out'' the above phrase. She has since informed us, my mother's children, and not through an attorney, that we are to go to my mother & stepfather's house to get her things out of the house and that are to do this on mother's day, otherwise we will no longer have access to the house. She had power of attorney for a few months before he died and she insists she still has this power of attorney, which I believe to be false. We plan to take this to probate but, in the interim, is there anyway we can stop her from removing my mother's belongings?
1 Answer from Attorneys
Re: Possible forgery on will
1. His death revokes the power of attorney. 2. As a potential benefiary you can seek protection from the court. Suggest you retain counsel. Good luck.