Legal Question in Elder Law in Florida

I have a friend whose Aunt died in Florida, she has a brother who is next of kin....he wasn't notified of his sisters death until 2 days later when he arrived in Florida when he arrived in Florida at her house was told the body was going to be cremated at the request of her other nephew......her brother wants to see how he can intervene but he is not sure of the Laws in Florida since he is from New York State..does he have any rights as her brother? She also owns a 50% share of the house she lived in with her sister who recently predeased her and wished to leaved that 50% to her brother. That sisters son is the one who did not let the family know of her death and he is the one who also made arrangements for her cremation without her brothers consent. He also states that he has everything signed over to him. How can they see the paperwork that would prove what he is saying. What can this family do to legally have rights to the body and find out about the house?


Asked on 4/12/11, 10:28 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the facts described, my advice is to consult immediately with a local attorney experienced in probate law. The situation requires prompt communication with funeral home and, if necessary, filing an action in local probate court regarding the administration of your aunt's estate. Whether she had a last will, DPOA, revocable trust, or other last testament is not indicated, but important.

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Answered on 4/13/11, 4:48 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Martin is correct. I suggest you get moving and get an attorney ASAP.

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Answered on 4/13/11, 6:22 am


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