Legal Question in Wills and Trusts in Florida

my great grandfather just passed away and my aunt has been living with him for 8 years taking care of him but his daughter was placed as his power of attorney before he died but he had left in his will his home to my aunt that lived with him but his daughter is gonna wait a year before she puts anything into my aunts name can she do that? and what does my aunt need to do?can she take this away from her? what rights does my aunt have?


Asked on 8/08/10, 2:13 pm

1 Answer from Attorneys
Richard Kaplan

They could wait, but I don't see a reason to do so.

The power of attorney is not valid upon his death. The house will retain the homestead exemption for 2010, and they need to transfer title by the end of the year so the aunt can file for her own homestead exemption. Otherwise the grandfathers exemption will not carry over to 2011. Creditors cannot attached the homestead, and if there is a mortgage, the aunt is not personally liable.

To proceed, the aunt has to take the Will and Death Certificate to an attorney. From there more instructions will be given. If she is the beneficiary, she won't lose her rights unless she fails to exercise them.

Read more
Answered on 8/13/10, 4:50 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida