My father is 87 years old. He remarried three years after my mother died. He is now getting forgetful and does not remember who his attorney is and his wife refuses to tell us (his children) He lived in CT but now his permanent residence is Flordia (where his wife is from). He does still have his home in CT. He will not go against his wife and will not insist from her that she needs to give us a name. His attorney that he had in CT is no longer involved and the name of the attorney he forwarded records to in Florida I have found out is now disbarred. We think he had a pre-nuptial (though originally my father said she did not want one), will, power of attorney's etc. My father's wife says that herson knows everything. I feel my father is being unduly influenced. Do we have any recourse? What happens if my father dies, if my father becomes incapacitated.
1 Answer from Attorneys
contact the courts here in Florida and apply for an emergency guardianship over your father. The committee will go out and interview you dad and if they feel he is incapacitated they will make a report to the judge. It could help you force her to release information and put her on notice that she will be litigated upon for undue influence. It will also keep her from having he redo his will, poa etc if he has not done so yet. Otherwise, you will have to abide by the Florida law in which case, all goes to his spouse.
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