Legal Question in Wills and Trusts in Florida

my husband of 35 years died without leaving a will. We have not lived together for 10 years. A sibling of his( who is an attny) is claiming to be the executor/power of attorney and has started to donate/give away items. She skirts issues when we confront her..What rights do my children who are all over 21 and myself have?


Asked on 7/26/15, 1:12 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

You and his children have total rights to his estate, if any. Unless he gifted items to his sister before his death, she has no rights. The POA is invalid after his death.

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Answered on 7/26/15, 1:17 pm
Lucreita Becude Lucreita D. Becude, P.A.

When he died so did the power of attorney. She has no rights . You and your children are the I heritors. Since you did not divorce you get it all

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Answered on 7/26/15, 1:17 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

There are no executors in Florida. Is this a Florida Estate? The wife and lineal descendants inherit his assets. You should probate an Estate if that was not done already.

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Answered on 7/26/15, 1:25 pm


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