Legal Question in Family Law in Florida

tragedy

my uncle passed away not to long ago and my aunti is having a hard time trying to det everything under her name. she's been married to him for more than 13 years. after his death we tried contacting the mortage office and the auto loan office. they are giving us a real hard time, they're asking for power of attorneys or a WILL. her name is not on any of the documents. since they've been married for so long do she need all that? how can she save the house and the car from getting reposes? what do she need to do.


Asked on 10/23/07, 6:20 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: tragedy

She needs to be appointed personal representative of the estate.

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Answered on 10/23/07, 6:54 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: tragedy

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your aunt needs to file a probate of the estate of your uncle. Being married does not exempt her from doing so. If your uncle had taken the necessary steps, he might have avoided this but apparently this was not done.

She needs to meet with a qualified attorney ASAP to get this started. As soon as the estate is filed, the court will appoint a personal representative which will presumably be her. The personal representative will then have the authority to handle all matters on behalf of the estate.

Scott R. Jay, Esq.

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Answered on 10/23/07, 10:33 pm


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