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newyorkmets359 · May 14, 2015, 04:57 PM

My 2 sisters have power of attorney,mother signed over deed to the house prior to mom passing away in 2012,I found out about house selling for 75,000.00 by the buyer,2 sisters were never planning to tell me... what legally can I do here in Florida? Money for house was to be divided 4 ways.

I went to courthouse to check on will-none,found power of attorney and quick deed signed in 2010,mther passed away in 201.

Fr_Chuck · May 15, 2015, 01:04 AM

If the house sold, prior to the mothers death it is not part of the estate, but the money from the sale should have been. The estate needed to go to probate. Power of attorney ended at death.

So you can hire an attorney in the state where the estate is, and force an accounting of all the money and property, be done in court

ScottGem · May 15, 2015, 05:40 AM

Money for house was to be divided 4 ways.

Do you have any proof of that? Without proof, you are probably out in the cold.

Without a will, the estate would have to be divided according to local laws of inheritance (see Intestate Succession in Florida | Nolo.com) but since the house was transferred prior to mom's death its not part of the estate.

Your sister's had a valid POA which gave them the right to transfer the home, though you said that mom signed the quit claim deed so the POA wouldn't have applied. Once mom died the POA became void. So if they have continued to use the POA that is fraud and you might be able to use that to show the sisters are looting the estate.

But other than that, without proof that the proceeds of the house sale was to be divided among the heirs, you have no standing.

joypulv · May 15, 2015, 05:48 AM

She lived 2 years beyond the sale of her house, and the big question is WHERE, and what were her medical needs? Taking care of her could have easily used all $75,000 and more. If she had nursing home care, and no other assets, Medicaid would have taken the entire 75,000. You can't keep the state from taking it unless you sell 5 years prior to death.
I think you need to know more about what your sisters contributed to her care, or what was arranged for her care, before you start suing them, or feeling cheated.

AK lawyer · May 15, 2015, 06:43 AM

Also, because it is in Florida, whether OP resided in the house at the time it was sold may be pertinent. OP may have had a homestead interest.

... I went to courthouse to check on will-none,found power of attorney and quick deed signed in 2010 ...

Just because the people at the courthouse (normally, the clerk of court) don't have possession of a will doesn't mean there isn't one somewhere else.

As noted, a POA terminates on death, so it would be immaterial unless the deed was signed by the holder thereof.

The term is quit-claim deed. It simply means that the grantor doesn't warrant (guarantee) the title in the grantee (buyer). It has nothing to do with speed or convenience.