Should I an adult child have been notified when my father died and my mother was found to need someone to care for her?

Asked about 1 year ago - Sarasota, FL

I was not notified that neither of my parents had died. I just recieved my mothers will that is in probate court. What are the laws in Florida for notification? Should I an adult child have been notified that my parent was being placed in a nursing facility?

Attorney answers (3)

  1. Carol Anne Johnson

    Contributor Level 18

    3

    Lawyers agree

    Answered . Morally, yes, you should have been. Legally, the state has no responsibility to try to track down relatives of the seniors that retire here, which is why having a list of ICE (in case of emergency) persons on or near your phone. Too many seniors become very complacent and don't think about those things, so it is up to family members, such as yourself to make sure that the information is readily available in case of an emergency. I am very sorry for both of your losses, but there is no legal requirement that the state notify those they are not aware of.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . It all depends on the situation. Who do you feel was supposed to notify you? Did your mother have estate planning in place? If she did, then SHE specified who was entitled to notice. She may also have specified who should NOT have been notified or given information.

    From a moral standpoint, I cannot imagine why someone who knew you would not have contacted you, unless he/she felt you were a disruptive influence on your mother. Even then, when someone passes away, I know of no justification for not telling their children and giving them a chance to pay their respects and grieve that loss. I think it takes a special kind of selfishness to deny that. I am not sure who in your life that could apply to. There is no legal duty that I am aware of, however.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Celia R Reed

    Contributor Level 20

    2

    Lawyers agree

    Answered . There is no legal duty for a third party to inform you of a parent's death or placement in a nursing facility. The only requirement is that you are notified for purpose of probate or receipt of trust assets.
    It's important to keep in mind that the law only covers one aspect of the situation. We all want notification of major events in our family's lives, but until someone is given that responsibility, it doesn't always happen.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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