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firstdaughter
Jan 9, 2012, 04:26 PM
I am the only living heir of my Father. I have a half sister, who is not related to my father. She is living in his house and has caused numerous problems for me. My Father has alzheimers and she is controlling everything. When he dies, what are my rights as his only blood living heir?

ScottGem
Jan 9, 2012, 04:28 PM
Does he have a will? Does anyone have a POA for him?

If he has a will then the will determines who his heirs are, not blood relations. If she is controlling him, she may be looting his estate so even if you are his heir, there may be little or nothing left to inherit.

firstdaughter
Jan 9, 2012, 04:37 PM
She stole all my mothers jewelry and left me nothing. So, she probably is. How can I find out ansers from the state of Florida?

ScottGem
Jan 9, 2012, 04:53 PM
What answers are you looking for? I can find the law of inheritance easily enough, but that really doesn't help you. You need to find out if he has made a will and find out what's in it.

You need to file theft charges if you believe she took your father's belongings without his permission. What I would suggest is you consult an Elder Law specialist in FL. There are also agencies that specialize in protecting the elderly from predatory relatives.

firstdaughter
Jan 9, 2012, 05:08 PM
I know he has a will. I sent a certified letter to my parents lawyer, asking for a copy of my mother's will (she passed away last year) and he did not reply. A lawyer told me he does not have to reply. I have called the Broward County Bar association and they have not returned my call for a week. I have left numerous messages.
I'm not sure where I can get a copy of my Father's will. Nothing has been filed with the State of Florida on this case

AK lawyer
Jan 9, 2012, 05:33 PM
I know he has a will. I sent a certified letter to my parents lawyer, asking for a copy of my mother's will (she passed away last year) and he did not reply. A lawyer told me he does not have to reply. I have called the Broward County Bar association and they have not returned my call for a week. I have left numerous messages.
I'm not sure where I can get a copy of my Father's will. Nothing has been filed with the State of Florida on this case

Check with the Broward County Clerk of Court (http://www.browardclerk.org/BCCOC2/OdysseyPA/CaseSearch.aspx?SelectCourt=true&DisplayCitation=no&DisplayType=Civil)(assuming that's where your mother died) and see if a probate case has been filed for your mother. If so, you can get a copy of the will from the clerk.

Since your father is still alive, his will would not be yet filed to be probated. It is doubtful that you will be able to obtain it while your father is still alive. But if, as you say, he has Alzheimers Disease, and if the disease is advanced enough to significantly affect his mental capacity, a guardian should be appointed. Contact a Florida lawyer about applying for guardianship.

ScottGem
Jan 9, 2012, 05:39 PM
AK is right, you won't get to see your father's will without his permission. Unless you are appointed his guardian.

What were you calling the Bar association for? The most they might do is recommend an attorney.