What rights do I have regarding estate assets when the power of attorney is held by someone else? - Florida
The Short Answer
In Florida, a power of attorney (POA) generally controls only the living person’s assets—not “estate assets.” After death, the person with authority over estate property is typically the court-appointed personal representative (executor), and beneficiaries/heirs have rights to information and transparency through the probate process.
What Florida Law Says
It’s common for families to confuse a POA agent’s authority with an executor’s authority. A POA agent may be able to manage the principal’s finances while the principal is alive (for example, banking transactions), but that does not automatically give the agent the right to keep beneficiaries in the dark once probate begins. In probate, Florida law imposes fiduciary duties on the personal representative and requires disclosure of estate information in specific ways.
The Statute
The primary law governing beneficiaries’ access to estate inventories and accountings is Fla. Stat. § 733.604.
This statute requires the personal representative to file a verified inventory (and amended inventories when needed) and provides that an interested person may access otherwise-confidential inventories/accountings; it also gives beneficiaries the right, upon written request, to receive an explanation of how inventory values were determined (and in some cases a copy of an appraisal).
Why You Should Speak with an Attorney
Even when you “know” assets exist, getting accurate information (and stopping misuse) can turn on details like how each asset is titled, whether probate is open, and whether the person acting under a POA is actually the personal representative or is improperly controlling property. Legal outcomes often depend on:
- Strict Deadlines: Probate disputes and objections can be time-sensitive, and waiting too long can limit your options—especially once an inventory/accounting is filed and distributions begin.
- Burden of Proof: If you suspect the POA agent misused funds before death, proving it may require tracing transactions, subpoenas, and showing the money was the decedent’s (not a joint owner’s, pay-on-death beneficiary’s, or trust asset).
- Exceptions: Many valuable assets are not “estate assets” (e.g., accounts with named beneficiaries, joint accounts, trust assets, homestead issues). Those categories can change what you can demand in probate and from whom.
If someone is using “I have POA” to block information or control property after death, that is a major red flag. A Florida probate attorney can evaluate whether probate should be opened (or compelled), whether the right person is serving as personal representative, and what court remedies are available to protect the estate and beneficiaries.
Related reading: Can I force an executor to disclose estate account information in Florida? and How beneficiaries access probate records when information is withheld.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.