Legal Question in Wills and Trusts in Florida

My Uncle died, the only immediate family he had was his Mother and 3 nephews and 2 neices. His Mother lived in South Carolina at the time and when my uncle got sick she called her sister which lived closest to my uncle. I had moved 5 hours away from my uncle and worked full time and have children that kept me busy and didnt have alot of contact with my uncle after I moved. My Grandma told her sister to send one of her sons out to check on my uncle and to call us (my brother, sister and I) because we are the closest family he had. His cousin wasnt even in his life, he is a first cousin but distant. I am 38 yrs old and only have seen this cousin twice. When my Dad died in 1996 and then again in 2009 when my uncle died. This cousin went to my uncles house and took everything he owned of value. My Grandmother died this year and this cousin put my uncles house up for sale. My brother called the realtor and asked them why they had the property up for sale because it wasnt his to sale. They took it off the market. Since then he has hired an attorney and says he is the executor. I have been looking at the court records and havent seen where there has been any court date set. I had a neice of mine move into the place and the cousin kicked her out and said he would have her arrested for burgerlary. The cousin failed to call any of us until my uncle was in a coma. By then he had power of attorney and my uncle couldnt even read and could barely write. He took all his money from his bank account and everything else he owned. Is there anything that I could do about all of this? I am not a greedy person, It just makes me sick that my uncle laid there and died and I couldnt even see him. Please give me any kind of advice that you can. How much would legal help cost over this matter if I do have a chance?


Asked on 9/15/11, 7:26 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your uncle died without a will - then his child would inherit and if no children then his mother.

If there is a probate going on you can file an objection to him being the personal representative on the ground that he is not eligible to be the personal representative. You really will need to have a attorney look at this case and go through the facts with you. RUN to the nearest one you can get - you can make him pay back all that he took but if you wait too long, there won't be anything to get.

Read more
Answered on 9/16/11, 5:36 am
Michael Sasso M. Daniel Sasso

You have given a situation that involves several issues as well as potential "causes of action" that interested heirs could take against the cousin and any other individual that profited from the situation both prior to death and perhaps after your uncle's death.

Start by using your browser and look up Chapter 825 Florida Law on "Exploitation of Elderly/Disabled", and reviewing the damages that an interested party, possibly even yourself could seek; then move on to speaking with a Trust/Probate Litigation attorney (found in your yellow pages) as to your cousin's use of the Power of Attorney for not only exploitation, but breach of your cousin's duty as a Fiduciary to handle the assets of the Uncle with "due diligence" for the Uncle's benefit, not the cousins's benefit - one of the procedures to recapture those assets woulds be seeking what is referred to as "Constructive" and/or in your case a "Resulting Trust". You should tell the proper parties who would have inherited from your Uncle, namely any of his children, or predeceased children's children, or the children and grandchildren of your Grandmother ( who would have inherited her interest which would include the property that the cousin took).

The relatives would have a right to open a formal probate, or perhaps have another appointed by the Court to proceed for them - ask your legal counsel or browse Florida 733.301 to determine who you should speak to. They could maintain a legal proceeding called "Tortious or Intentional interference with their right to inherit" but they only have a limited time to act on that, such as 4 years if founded on cousin's "constructive" fraud, or intentional action. Damages they could collect could include past and future emotional stress, monetary damages, and what the cousin misshandled and took for himself.

While I do not do this type of litigation I could give you few names should you wish to contact my office, as I suggest any good practicing Attorney in Florida would given your set of facts - you can look up my website should you like for this - www.dansasso.com

Keep pluggin!

.

Read more
Answered on 9/16/11, 2:22 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida