Legal Question in Wills and Trusts in Florida

My mother recently went into an assisted living facility in Fla. My brother, who seems to be overstepping his role as executor, moved her belongings to his house in NH. Many things were promised to my family by my mother and he is refusing to give anything even though my mother has reiterated what she wants to go to whom. We live in Maine, she is in Florida and my brother is in NH. If we need to proceed in forcing him to do what she is asking, in what state do we file? If she writes and has her request notarized, is that enough to enforce legally in NH? Her will doesn't address any of these things.

Asked on 3/16/10, 4:18 pm

4 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. There is no executor until someone dies. Likewise, the will has no legal effect until the person dies. Your brother has no legal authority to act, unless your mother has given him authority through some other means.

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Answered on 3/21/10, 4:33 pm
David Slater David P. Slater, Esq.

The will has no authority until probated in court after the testator dies. If she is suffering anincapacity, she needs a guardian appointed.

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Answered on 3/21/10, 5:13 pm
Alan Wagner Wagner, Vaughan & McLaughlin, P.A.

An executor has no power until there is a death. Sounds like she needs an appopriate guardian.

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Answered on 3/21/10, 5:38 pm
Lesly Longa Longa Law P.A.

I agree. Unless she has a power of attorney that gives him the authority to do this, then he cannot. She may need a guardian, and if she still has the capacity to do so, she may want to revise her will. Regards,

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Answered on 3/22/10, 12:49 pm


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