Do we need a lawyer?

[NymJ]

What is the name of your state? Florida

My mother recently passed and as far as we are aware she did not have a will. She had told my siblings and I that she had me as her beneficiary as she felt that I would be less biased then my other siblings and she lived with me. We also knew that she expected all of her assets to be split equally amoung all her children.

The company for one of her assets has confirmed surprisingly that the beneficiary to that policy is my mom's husband who is currently in a home and has dementia. We think this might be due to FL law? Even when he was well he was very bad with money so we find it hard to believe she actually put him down as a beneficary and as I said she'd always said I was her beneficiary.

My mother had a POA for my stepdad but now that she is gone my younger sister ( his daughter) is working on getting a POA for him. Once she has that and can sign as POA for her father.

We plan to contiune on as my mother intended and equally divide any payouts of her assets amoung her children. My sister who will get the POA, just wants to be sure everything is above board and wonders if this is more complicated then we think and if we'll need a lawyer.

 

[quincy]

What is the name of your state? Florida

My mother recently passed and as far as we are aware she did not have a will. She had told my siblings and I that she had me as her beneficiary as she felt that I would be less biased then my other siblings and she lived with me. We also knew that she expected all of her assets to be split equally amoung all her children.

The company for one of her assets has confirmed surprisingly that the beneficiary to that policy is my mom's husband who is currently in a home and has dementia. We think this might be due to FL law? Even when he was well he was very bad with money so we find it hard to believe she actually put him down as a beneficary and as I said she'd always said I was her beneficiary.

My mother had a POA for my stepdad but now that she is gone my younger sister ( his daughter) is working on getting a POA for him. Once she has that and can sign as POA for her father.

We plan to contiune on as my mother intended and equally divide any payouts of her assets amoung her children. My sister who will get the POA, just wants to be sure everything is above board and wonders if this is more complicated then we think and if we'll need a lawyer.

It could be more complicated than you think. You probably would be smart to speak to a lawyer before dividing up your mom’s assets.

I am sorry to hear about your mom.

 

[Zigner]

Sorry for your loss.

Your stepdad may not be competent enough to create and sign a POA assigning anyone as his agent. If that is the case, sis will need to look at pursuing an adult guardianship over stepdad. In any case, an agent or guardian will have a fiduciary duty towards stepdad. I agree that an attorney should be consulted. It might even be wise to have separate attorneys for your mom's estate and for the person working with stepdad.

 

[zddoodah]

she did not have a will. She had told my siblings and I that she had me as her beneficiary

Beneficiary of what?

The company for one of her assets has confirmed surprisingly that the beneficiary to that policy is my mom's husband who is currently in a home and has dementia.

Not sure why you wouldn't be clear about this, but I assume you're talking about a life insurance policy. Correct?

My mother had a POA for my stepdad but now that she is gone my younger sister ( his daughter) is working on getting a POA for him.

If your stepfather (I'm assuming since you referred to him as your "mom's husband" and not your father) has dementia, he likely is not competent to sign a POA. Perhaps you're talking about obtaining a conservatorship or adult guardianship?

We plan to contiune on as my mother intended and equally divide any payouts of her assets amoung her children. My sister who will get the POA, just wants to be sure everything is above board and wonders if this is more complicated then we think and if we'll need a lawyer.

We? Your post has a lot of missing, relevant facts. However, your sister who "is working on getting a POA for" your stepfather needs to understand that life insurance proceeds that belong to him need to be used for his benefit. That money won't be hers to do with as she pleases or in any way that is contrary to the policy's beneficiary designation. She would be well advised to at least consult with a local attorney.

As for anything else, if you are the beneficiary of any life insurance policy or other asset, those proceeds will be yours to do with as you please. If you want to share them with your siblings, you are free to do so.

 

[Ohiogal]

What is the name of your state? Florida

My mother recently passed and as far as we are aware she did not have a will. She had told my siblings and I that she had me as her beneficiary as she felt that I would be less biased then my other siblings and she lived with me. We also knew that she expected all of her assets to be split equally amoung all her children.

The company for one of her assets has confirmed surprisingly that the beneficiary to that policy is my mom's husband who is currently in a home and has dementia. We think this might be due to FL law? Even when he was well he was very bad with money so we find it hard to believe she actually put him down as a beneficary and as I said she'd always said I was her beneficiary.

My mother had a POA for my stepdad but now that she is gone my younger sister ( his daughter) is working on getting a POA for him. Once she has that and can sign as POA for her father.

We plan to contiune on as my mother intended and equally divide any payouts of her assets amoung her children. My sister who will get the POA, just wants to be sure everything is above board and wonders if this is more complicated then we think and if we'll need a lawyer.

So you want to steal from your mother's husband? Don't do it. He gets the money for which he is beneficiary. He is also entitled to the marital interest due for intestate succession. Not what she told you since she didn't make a will.

 

[Litigator22]

What is the name of your state? Florida

My mother recently passed and as far as we are aware she did not have a will. She had told my siblings and I that she had me as her beneficiary as she felt that I would be less biased then my other siblings and she lived with me. We also knew that she expected all of her assets to be split equally amoung all her children.

The company for one of her assets has confirmed surprisingly that the beneficiary to that policy is my mom's husband who is currently in a home and has dementia. We think this might be due to FL law? Even when he was well he was very bad with money so we find it hard to believe she actually put him down as a beneficary and as I said she'd always said I was her beneficiary.

My mother had a POA for my stepdad but now that she is gone my younger sister ( his daughter) is working on getting a POA for him. Once she has that and can sign as POA for her father.

We plan to contiune on as my mother intended and equally divide any payouts of her assets amoung her children. My sister who will get the POA, just wants to be sure everything is above board and wonders if this is more complicated then we think and if we'll need a lawyer.

You are in for a much, much bigger surprise!

With mother having no will and all of her surviving children are the lineal descendants of her surviving spouse, then he alone stands to inherit your mother's entire intestate estate. And this regardless of any of her alleged verbal wishes. And in spite of father's dementia. (See: Florida Statutes Section 732.102 (2) *

You indeed need to consult with a licensed attorney versed in the probate laws of your state.

Among many other things he or she will explain why testimony relevant to your mothers' verbal wishes concerning distribution of her estate will never see the light of day in the courtroom. Otherwise, the most convincing liar bent on committing fraud would likely win. These exclusionary (parole evidence) rules are designed to prevent it.

[*] " Spouse’s share of intestate estate - If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate."

 

[Zigner]

You are in for a much, much bigger surprise!

With mother having no will and all of her surviving children are the lineal descendants of her surviving spouse, then he alone stands to inherit your mother's entire intestate estate. And this regardless of any of her alleged verbal wishes. And in spite of father's dementia. (See: Florida Statutes Section 732.102 (2) *

You indeed need to consult with a licensed attorney versed in the probate laws of your state.

Among many other things he or she will explain why testimony relevant to your mothers' verbal wishes concerning distribution of her estate will never see the light of day in the courtroom. Otherwise, the most convincing liar bent on committing fraud would likely win. These exclusionary (parole evidence) rules are designed to prevent it.

[*] " Spouse’s share of intestate estate - If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate."

Lit - you misunderstand. The OP is NOT a descendant (lineal or otherwise) of the surviving spouse, so the applicable section would appear to be 732.102(3): If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

https://www.flsenate.gov/Laws/Statutes/2017/732.102

 

[NymJ]

Beneficiary of what?

Her assets... whatever they may be.

Not sure why you wouldn't be clear about this, but I assume you're talking about a life insurance policy. Correct?

Not sure why it matters.

If your stepfather (I'm assuming since you referred to him as your "mom's husband" and not your father) has dementia, he likely is not competent to sign a POA. Perhaps you're talking about obtaining a conservatorship or adult guardianship?

No, Im talking about a POA. I dont know the full details but it's early onset dementia I assume as my sister (his daughter) says he's still capiable of signing a POA.

We? Your post has a lot of missing, relevant facts. However, your sister who "is working on getting a POA for" your stepfather needs to understand that life insurance proceeds that belong to him need to be used for his benefit. That money won't be hers to do with as she pleases or in any way that is contrary to the policy's beneficiary designation. She would be well advised to at least consult with a local attorney.

We as in my siblings and I. I see the importance of speaking with an attorney on the matter.

As for anything else, if you are the beneficiary of any life insurance policy or other asset, those proceeds will be yours to do with as you please. If you want to share them with your siblings, you are free to do so.

I'm aware, thank you.

 

[NymJ]

Thank you all for your time and advice, I see the wisdom in us seeking consel with an attorney on this and it's not as cut and dry and I thought it would be, thank you again.

 

[quincy]

Thank you all for your time and advice, I see the wisdom in us seeking consel with an attorney on this and it's not as cut and dry and I thought it would be, thank you again.

We all appreciate the thanks, NymJ, so thank you.

I hope you and your siblings can bring comfort to each other in the difficult days ahead.

 

[zddoodah]

she did not have a will. She had told my siblings and I that she had me as her beneficiary

Beneficiary of what?

Her assets... whatever they may be.

Ok...then her statement was a meaningless one. You could be a beneficiary under a will or trust, but you said she didn't have one. And there's apparently a life insurance policy under which you were NOT the beneficiary. The only other sorts of assets where you could be a beneficiary would require some sort of paperwork. Since you didn't mention any such assets or paperwork, then it appears her estate will have to be administered under the law of intestate succession.

Not sure why it matters.

Because you felt it was important enough to mention but didn't provide full information and because different types of assets are handled differently. You came to this site for information, and playing hide-the-ball isn't productive.

You are in for a much, much bigger surprise!

With mother having no will and all of her surviving children are the lineal descendants of her surviving spouse, then he alone stands to inherit your mother's entire intestate estate.

Before declaring that the OP is in for a surprise, perhaps you should more carefully read what the OP wrote. The OP referred to his/her mother's surviving spouse as his/her "stepdad." Thus, the surviving spouse is not the OP's father and will not inherit the entire intestate estate.

 

[NymJ]

Ok...then her statement was a meaningless one. You could be a beneficiary under a will or trust, but you said she didn't have one. And there's apparently a life insurance policy under which you were NOT the beneficiary. The only other sorts of assets where you could be a beneficiary would require some sort of paperwork. Since you didn't mention any such assets or paperwork, then it appears her estate will have to be administered under the law of intestate succession.

Hindsight is 20/20. It only became meaningless after we found out that I was not put down as beneficiary of this particular asset. I simply wanted to get across that although she did not have a will, she verbaly stated to myself and other family members that I was put down as the beneficiary.

Because you felt it was important enough to mention but didn't provide full information and because different types of assets are handled differently. You came to this site for information, and playing hide-the-ball isn't productive.

I mentioned it in the context of finding out I'm not the beneficiary as she had claimed I was. I not asking how to handle this asset just if my siblings and I should get a laywer. I gave the information that I believe is necessary, you can never be too careful. Knowing what assets she has is not relevent to my question, we could have a difference of opinion on that but we'll have to leave it at that. Thank you again.

 

[Ohiogal]

Hindsight is 20/20. It only became meaningless after we found out that I was not put down as beneficiary of this particular asset. I simply wanted to get across that although she did not have a will, she verbaly stated to myself and other family members that I was put down as the beneficiary.



I mentioned it in the context of finding out I'm not the beneficiary as she had claimed I was. I not asking how to handle this asset just if my siblings and I should get a laywer. I gave the information that I believe is necessary, you can never be too careful. Knowing what assets she has is not relevent to my question, we could have a difference of opinion on that but we'll have to leave it at that. Thank you again.

You are only entitled to the intestate succession portion. Your half sister who is the child of your stepfather will get nothing until her father dies. It doesn't matter what your mother verbally stated. End of story. If anyone tries to get POA and take assets from your stepfather that could be considered a crime.