Wellford, SC asked in Estate Planning and Probate for Florida

Q: My grandmother passed. Her friend is POA. I'm beneficiary. What are my rights?

My grandmother passed away and she named her best friend POA over it all. I am the beneficiary. Was told from my grandmother that everything is left to me in the will. I am currently on my way down. But her friend refuses to speak to me or include me in anything. But yet had her husband and friend go to my grandmother's residence and enter her home, took the keys from the neighbor who took care of her (and is still currently taking care of my grandmothers dog) , and double locked her home. Before she passed she overdosed early April and was hospitalized. The friend (POA) never visited. When she got released POA still never visited. Upon me telling her best friend (POA) that she told me she would be happy if she could sell her home and move by me and my kids and I would take care of her daily. The POA refused no matter what I said to prevent from what it now led to. What are my rights? I want her wal read asap and the POA out and the keys to her home.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If you have a copy of the will, you can petition the court to have it admitted to probate. Whoever is appointed personal representative in the will may well be entitled to be appointed PR and be issued letters of administration giving the PR the right to possession of the property. The power of attorney would have expired upon your grandmother's death, so the attorney in fact (the person appointed by the POA) would have no power that would survive the grandmother's death.

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