Legal Question in Wills and Trusts in Florida
my mom died last month--she has 2 daughters me and my sister---my sister has power of attorney .I would like to know if I can go in my mom's house and clean it? I am in Tennessee and my sister is in NY
2 Answers from Attorneys
The POA expires on death. Is there a will? Who will be the Personal Representative of the estate?
Mr. Slater is correct. The POA expires on death. If your mother left a Will then the Personal Representative is in charge of the protecting the assets of the estate. Has a probate of the estate been initiated. Please contact my office for an appointment.
According to Florida Statute the Will must be filed within 10 days of the passing. If there was no will you can certainly apply as the Personal Representative of the Estate by filing and notifying the heirs - if there is no objection you will be appointed - if there is objection then the judge will appoint the one best qualified.
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