Asked in Family Law, Elder Law, Estate Planning and Probate for Florida

Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning documents, or financial records. These documents often include the names of attorneys or individuals designated as power of attorney.

If you're unable to locate such documents, you can try contacting local law firms in Florida to inquire if they had any dealings with your uncle. You may need to provide some basic information about your uncle, like his full name and any known addresses, to aid in the search.

Regarding the caregiver's possession of your uncle's ashes and the absence of a death certificate, it's essential to contact the appropriate authorities in Florida to initiate the process of obtaining a death certificate. Once you have the death certificate, you can use it to assert your legal rights regarding your uncle's remains and work on transferring his ashes to his daughter in Australia.

Consulting with an attorney in Florida who specializes in probate and estate matters can be valuable in navigating these complex legal issues and ensuring your uncle's final wishes are honored. They can guide you through the necessary steps to resolve the situation and bring closure to this difficult time.

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