Legal Question in Wills and Trusts in Florida

Power of attorney
My aunt just passed away in Florida. She named myself and another niece in her will. Everything to be shared equally. After having a stroke about a year ago, she was put in a nursing home. there after she had both of her legs amputated because of diabetes. A month before she died the other niece went to the nursing home and had her sign a paper naming her as power of attorney. She told my aunt She would put here house in her name to keep the nursing home from getting it. When I talked to her she told me that the only reason she did that was to save the house for my aunt and that she would still abide by my aunts wishes as far as the will was conserned. The nusing home was in the process of applying for Medicaid for my aunt when she passed away. All of here money was gone and the only thing she had left was her house. Now the niece says that the nursing home wants to put a lean on the house for the money that is owed, and that they (the nursing home) doesn't think my aunt will qualify for medicaid. What are Florida laws conserning medicaid? can the nursing home put a lean on the house? and do I have any legal rights left? Does it matter that I am the blood relative? or am I at the mercy of the other niece? Thankyou

Asked on 3/13/98, 5:46 pm

Russell Meade Russell A. Meade and Associates, PA

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Probate etc andf power of attorney

From your post, it appears as if the house is still in your Aunt's name. Is that right?

If it is, I suggest you start probate immediately! A power of attorney dies with the person. Since you are in the will, the property will pass you .

Let me know if I can help. I have done Florida probate for over 23 years. I suggest quick action.

Good luck.

[email protected]://www.Florida-Legal.com

Answered on 3/21/98, 6:08 am

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