River Ranch, FL Estate Planning Law Firms & Lawyers

Has and estate been opened in the probate division of the Circuit Court? If not, this needs to be done within the year after your mother passed away. Are there other heirs - other siblings? What about children of deceased siblings? I think the best thing to do when the estate is opened is to petition the court for an order distributing the house to you. The order will protect against any future claims of violations of fiduciary duties, self-dealing, etc.

Since her husband has power of attorney, you would need to proceed in guardianship court to have him removed as her attorney in fact and try to have yourself, or an independent third person, appointed as her legal guardian. This is not an undertaking that you want to try on your own. You need to consult counsel where your mother lives to address your options and costs.

You will most probably have to open an estate and the personal representative will have the authority, with the permission and supervision of the Court, to wind up your father's affairs.