Legal Question in Wills and Trusts in Florida

Re: Power of Attorney for deceased brother

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You cannot get a Power of Attorney to act on behalf of a party who has passed away. You will need to file a probate in the circuit court which has jurisdiction in the county in which your brother lived. The court will appoint a Personal Representative who will be given the authority to act on behalf of the estate in closing the accounts and paying your brother's debts. Any monies left will then be distributed according to your brother's will. If there was no will, it will pass according to the Laws of Intestate Succession.

Scott R. Jay, Esq.

Re: Power of Attorney for deceased brother

You need to file a probate case. We can help you. Contact us if you need further assistance.