Legal Question in Wills and Trusts in Florida

My mother just died recently. She had no will. I am her only child, she was not married, and at her time of death I had power of attorney. Her mother is attempting to claim all her property including her car and everything as her own. Is this legal? Can I contest it?

Asked on 9/08/19, 5:17 pm

1 Answer from Attorneys

DMD P.A. DMD Law, P.A.

Since she died without a will, according to Florida State Law, it will pass per stirpes, which means her next of kin, which is you. Without seeing the power of attorney you have, I cannot say whether you can administer her estate. That has to be done by a personal representative, which the court will appoint since your mother did not leave a will appointing one. It seems you and your mother will need to fight it out in court. I suggest you see a probate attorney as soon as possible.

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Answered on 9/10/19, 2:32 pm

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