Legal Question in Wills and Trusts in Florida

I've been my mother's care taker in a 55+ community for over 6 years now with notarized documentation stating so. She is about to pass away. In speaking with the board of directors here, they can't have me leave. (I'm 45) But my oldest brother has power of attorney. We never got along and he just can't wait for her to die so he can throw me in the streets. Can anyone help me with information or lead me in a direction that is helpful? I have a pending disability case and no funds and I kind of need help fast. Thank You.


Asked on 7/12/11, 1:11 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Your specific objective in seeking legal advice is not clear. After your mother dies, your brother's POA has no legal effect. Your mother's last will or trust will control distribution of estate property and payment of expenses. If your brother is designated as personal representative or trustee, he will have that responsibility. If you are named as beneficiary, you will be an interested person who has legal rights to estate property consistent with your mother's intentions expressed in the will. For any dispute or conflict regarding handling of your mother's property, you are advised to seek counsel from an attorney in order to inform you of legal options and procedure.

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Answered on 7/12/11, 1:33 pm


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