Ask Experts Questions for FREE Help !
Ask
    firstdaughter's Avatar
    firstdaughter Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 9, 2012, 04:26 PM
    Florida legal rights of only living heir?
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    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's Avatar
    firstdaughter Posts: 3, Reputation: 1
    New Member
     
    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    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's Avatar
    firstdaughter Posts: 3, Reputation: 1
    New Member
     
    #5

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Jan 9, 2012, 05:33 PM
    Quote Originally Posted by firstdaughter View Post
    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 (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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Florida legal rights homeowner vs roommate? [ 3 Answers ]

I moved into a home with the owner, and developed a romantic relationship. We have separate bedrooms, and, after discovering we were not compatible, sex was no longer on the table. I loved the house and contributed by cleaning and doing maintenance. He is hearing impaired, so I also handled all...

Legal heir vs executor of estate [ 2 Answers ]

Can a legal heir to an estate overule, negate, or block in any way decisions made by the executor of the estate when distributing the assets of the estate?

What are the rights of a disinherited spouse and heir? [ 5 Answers ]

My father gave his wife's niece (my stepmother's niece) power of attorney several years ago to handle financial affairs. I believe he did not understand what he was doing at the time. Days before my stepmother died, her niece signed the house into sole ownership for my stepmother and then my...

Legal rights as a custodial parent in Florida? [ 7 Answers ]

I have recently gotten married, and my husband is currently in the US Army. I was not married to my daughters father. He has visitation rights Not by the courts, we agreed on it and I have custodial custody of my two year old daughter, and when my husband gets stationed we want to go with him. Am I...

Rights of a heir [ 1 Answers ]

I am listed as a heir in my aunts estate. I have asked the lawyer who is handling the estate to send me an accounting of the money. He has not returned my calls. What right do I have? He promised me one year ago the money was ready to be dispersed.


View more questions Search