Davenport, FL Estate Planning Law Firms & Lawyers

It depends on what your aunt's Will states. If the Will says to the three brothers "per stirpes," this means that your father's share would go to his heirs. If the Will has language which requires the brothers to survive her, then the devise to your father would lapse. In Florida, a provision in a Will purporting to penalize any interested person for contesting a Will or instituting other proceedings relating to the estate is unenforceable.

You likely have rights but the will needs to be reviewed by an attorney. An attorney can help you get a copy. See one ASAP because if things get distributed it will make it much harder. Most attorney's give free consultations so there is no downside to seeing one now.

Since the POA expires at the time of your father's death, his estate will control the transfer of any property that is deemed to be in his estate. If the property was titled in the name of his trust prior to death, the Trustee would now have the power to transfer title post death. If the property is still in his name at the time of his death, the property will go thru a probate proceeding and the judge will issue a letter of administration appointing the personal representative who at that time will administer the estate and deal with the distribution of assets as well as any homestead issues that arise. It would be advisable to contact a probate attorney to discuss the options you may or may not have at this time.