Legal Question in Wills and Trusts in Florida
My mother died intestate in Florida in January 2010. The estate is valued at $200,000. She had 3 children who are the sole heirs. I, as one of the children, am to be the personal representative for probate. I live in Pennsylvania. I read that the personal representative for the deceased's estate must be a Florida resident. However family members are exempted from this requirement.
I want my husband to handle this for me. Is a power of attorney given by me sufficient to comply with the residency requirement?
4 Answers from Attorneys
Hi. If you are the appointed personal representative under the will, you will have to act, not your husband.
If your mother died intestate, that means she left no will, so how did you become personal representative? Did the court appoint you? If so, then you will have to tell the court you cannot serve, and the court will appoint another. If she left a will, then she did not die intestate, and if she named you as personal representative and named no alternatives, then the court will reassign.
No, you have to act as the PR, but you can ask for the court to appoint someone else (if an alternate was not named in the will). Moreover, the PR will likely hire an attorney to handle everything for them.
Regards,
Lesly
www.floridawillmaker,com
www.longalaw.com
Call the court to see if they will honor the POA for signing purposes only,. All that can do is permit him to sign your legal documents as POA. It will not let him subsitute you as PR.
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