Legal Question in Wills and Trusts in Florida
Power of Estate
My ex is incarcerated. His son passed away about 1 year ago. His ex-wife wants him to sign her as power of estate for their son. He wants to know if he signs his name to this will he lose rights to a possible claim on a wrongful death and should he seek a lawyer for himself? Also can he assign someone else power of estate?
Thank you
1 Answer from Attorneys
Re: Power of Estate
In Florida only the duly appointed personal representative for the decedent may bring a wrongful death action. The natural parents of the decedent are one class of individuals that the statutes give a preference for this responsibility. Under current conditions the father will not be able to dischare the duties and a judge would probably not appoint him anyway. By merely waiving his rights to be personal representative he is not waiving any ohter rights to obtain recovery through the estate.
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