Wesley Chapel, FL asked in Probate for Florida

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.

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2 Lawyer Answers
Sherri Stinson
Sherri Stinson
Answered
  • Dunedin, FL
  • Licensed in Florida

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.

Phillip William Gunthert and Nina Whitehurst agree with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

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

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