Legal Question in Civil Litigation in Florida
my mom placed a restraining order on me, she had a car wreck and died yesterday. is the restaining order still in effect? my uncle is trying to take the house and land. im the only living child with no recorded will.
Asked on 5/05/15, 5:02 am
2 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
the restraining order likely limits your contact with her and it presupposes that she is alive. her probate estate either follows a will, none of which are recorded, or intestate, without a will. file her probate if you know she has no will and the assets will be marshaled.
Answered on 5/05/15, 6:18 am
David Slater
David P. Slater, Esq.
The restraining order expired on her death. You are the rightful heir and should petition the court to be appointed Personal Representative of the estate.
Answered on 5/05/15, 6:59 am
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