One misunderstanding that commonly manifests following the passing of a loved one involves durable powers of attorney. Often a family member who was designated as attorney in fact under an existing durable power of attorney thinks they may continue to act on behalf of the deceased. However, “durable” does not mean that the power of attorney survives death, but rather refers to the fact that a durable power of attorney survives the principal’s subsequent incapacity as provided in Fla. Stat. 709.08.
If the family of a deceased individual needs to exercise control over the decedent’s property, then probate administration will need to be commenced and a personal representative appointed or an appropriate court order obtained.
A Florida estate planning and probate law firm can assist with these issues.
