Legal Question in Wills and Trusts in Florida

My brother died almost two weeks ago..he left a will which I have. He named a friend as the personal representative of his will but this person will not return my calls. The only thing he owned was a mobile home and piece of property which he left to the person currently living in it and this was also in his will. What should I do?

Asked on 5/03/13, 9:01 am

3 Answers from Attorneys

Joseph Justice The Justice Law Firm

You should file the will with the clerk of court in your area. The personal representative, or the beneficiary may want to consult with an attorney, but it does not sound like you have any legal obligation. Depending on how the deeds to the property he left are designated, there may not be a need to go through the probate process.

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Answered on 5/03/13, 9:05 am

Ronald Jones Ronald A. Jones, PA

That's exactly right; take the original will, take a death certificate on your brother (one that does not show the cause of death), go to the courthouse in the county where your brother lived, go to the probate department and tell them that you want to "deposit the will". They will take the will and the death certificate and give you a receipt. At that point your duty is done; it's up to nominated personal representative and person he left the property to to decide whether they need to probate the will.

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Answered on 5/03/13, 9:08 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the personal representative does not cooperate or want to take on the role, then you can petition the Court to allow you to do the job if you want.

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Answered on 5/03/13, 12:08 pm

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