Legal Question in Wills and Trusts in Florida
ok..ive made a awesome discovery. if I found a durable power of attorney. and I realized that all of my moms properties spread across five states were either left in a warranty deed or in a trust or jointly tiltled with rights of survivor spouse and then attatched to a quit claim deed, can I cancel the probate court.
2 Answers from Attorneys
The power of attorney was void at mothers death.
Property left in a warranty deed would go through probate unless
quit claim deeded to trust.
If probate assets do not exist-you the PR can petition to close the estate.
As Mr. Pippen said the POA expired at death. The transfer of properties in States other than Florida needs to follow the formalities in those States. Make sure you contact counsel in those other States. The balance of your fact pattern really is confusing. You need to review all assets with your attorney to determine if they belong in probate or not. that is the role of the personal representative, to marshal the assets of the Estate.
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