Legal Question in Wills and Trusts in Florida

An 85 year old man living in Florida dies without a will. How does his wife and 5 children go to probate over the property, bank accounts and assets? Does each member get his own lawyer?


Asked on 3/02/10, 2:30 pm

4 Answers from Attorneys

John Harmon The Law Office of John W. Harmon

Usually, the remaining spouse contacts an attorney... There is usually no need for more than one attorney, unless there are conflicts of interest. In your situation, with the limited facts, the state basically dictates who gets what.

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Answered on 3/07/10, 2:44 pm
Sarah Grosse Sarah Grosse, Esquire

There is usually no need for more than one attorney. However, there is a need for at least one attorney as no one can file a petition for probate (summary or full administration) without a lawyer to co-sign. You all can waive any conflict of interest, and beneficiaries can sign a "Joinder, Waiver, and Consent" to allow one of you to be the PR of the estate and administer it. If no one can agree who should be PR, then maybe more than one attorney is needed.

I do this regularly for out of state beneficiaries of a FL estate. Feel free to email me.

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Answered on 3/07/10, 2:55 pm
David Slater David P. Slater, Esq.

The estate must go to probate through retained counsel.

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Answered on 3/07/10, 3:18 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

There generally is no need for more than one lawyer. Depending on the assets, you may not even need one.

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Answered on 3/07/10, 7:40 pm


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