Q: My brother passed away unexpectedly, I was his poa. No will no executor what do m.j I do now to take care of his stuff
Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already played for funeral.
A: Any authority you had as power of attorney terminated at the time your brother died. Unfortunately, this case demonstrates why everyone should have a will. Without a will (called "intestate") means that people you may not want to receive your assets will inherit. Unless you've affirmatively agreed to be personally responsible for his bills, you are under no personal obligation to pay them. If you are wanting to be reimbursed for funeral expenses, you would need to open an estate, provide the kids with notice and then file a claim to be reimbursed.
A: Very sorry for your loss on the passing of your brother and please accept my condolences at this difficult time. When there is no Will, the Florida Intestate Statutes (without a Will) will apply. Any assets that were in your brother's name alone will have to go through probate if there is no transfer on death or similar designation or some transfer by operation of law (for example joint tenants with right of survivorship) and so forth. You likely should and need to speak with a Florida Probate Attorney and they can help you determine what type of probate, if any, is required. The ability to use the Power of Attorney ended on your brother's passing. You have no obligation to open or pursue a probate at all and you have no responsibility to pay any of his debts. Since you paid the funeral and if there are enough assets/monies in the estate you can be reimbursed. Generally, in an intestate probate (without a Will), and surviving spouse and or surviving children will inherit. If you decide you will more forward with a probate, a Florida Probate Attorney will be needed in Florida.
Nina Whitehurst agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.