Legal Question in Wills and Trusts in Florida
My ex-husband died a month ago. His only surviving family is our 18 yr. old daughter and myself. We live in Florida and he lived in California. She is too inexperienced, grieving and in school in order to travel to CA to handle all his affairs, so it is up to me to travel for the inmense task. Sinc� she is of age though, we will need a Power of Attorney that can be signed in FL but effective in CA. What form can we use to satisfy the requirements? Thank you.
3 Answers from Attorneys
You have no rights as his ex wife in Florida. I assume the same law is in CA. Your daughter is his heir. She will need to execute a Durable Power of Attorney in your favor. You will need a certified copy of your daughter's birth certificate naming her father. You may also need a lawyer in CA. to probate any estate.
You need to contact a CA attorney and find out what they will need to probate the Estate. Do you know the assets he had? Whoever is appointed as the executor of the Estate will need to marshal all assets. Sorry for the loss.
So sorry for your loss. Unless your ex-husband named you in the Will, I would have to assume that you are not an heir only your daughter is. Please contact a CA attorney to find out what you will need in order to handle his affairs as even the banks may be reluctant as well as his landlord to even let you in.
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