Legal Question in Wills and Trusts in Georgia

First of all, this is your EX-husband. This will be decided under Florida law and I am not licensed in Florida. You should consult a Florida licensed attorney.

That said, there is nothing that you can do. You ex-husband does not have to leave anything to his children should he choose not to do so.

You say that your son was caring for your ex-husband. What does that mean? Did your son have a power of attorney? How is that your ex-brother-in-law was able to do this? Does he have a power of attorney?

Legally (that does not mean that people will not try and act illegally), no one can do anything in regard to your ex-husband absent a power of attorney. A power of attorney for health care lets a person make medical decisions; a financial power of attorney allows someone to handle financial affairs, including dealing with land or personal property.

If your son does not have power of attorney, does he want to do this and is your ex-husband mentally competent to sign one? If the ex-brother-in-law has it, it can be revoked by your ex-husband provided that he is mentally competent. You mention that he is very ill, but that does not meanthat he is not mentally competent.

Assuming that your ex-husband is no longer mentally competent and the ex-brother-in law either has a power of attorney or is acting without one, then your oldest son needs to immediately see a Florida lawyer in the county where your ex-husband resides and discuss the possibility of gaining guardianship (called a conservatorship in some places) over your ex-husband. Guardianship over the person concerns their health care and guardianship over the property concerns their finances and real and personal property. Once appointed as guardian over the property, your son would be free to pursue your ex-brother-in-law if he has unlawfully disposed of assets belonging to your husband and kept the proceeds for himself.

Rachel gave you a good answer. He is your ex-husband. You can do nothing. His actual family members might want to call a lawyer in Florida near where your ex lives.