Legal Question in Wills and Trusts in Florida
''Next of kin'' vs executor/power of attorney
My fiance died 5/31. He specified in his advance directives (''Five Wishes''), and last will and testament, that he wants to be cremated and his ashes spread by me. I am designated power of attorney as well. I was just informed today that his brother is ''transporting the body to New York'' where he resides and where the deceased used to reside. I cannot obtain any further information from the funeral home or the brother, who has refrained from answering any of my calls. He was fully aware of the deceased's wishes. Does he have the legal right to do this, and if not, what should I do? Time is of the essence.
1 Answer from Attorneys
Re: ''Next of kin'' vs executor/power of attorney
When someone dies a power of attorney is no longer effective. If the will says that he wants to be cremated, you can try to open probate to accomplish that.
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