Legal Question in Wills and Trusts in Florida

First, if your father had no Will, then your Aunt is not the first in line to serve as executor/Personal Representative in Florida. I assume that he was not married at his death.

In that case, it would be between the children (not including any who may be minors or convicted felons).

If your Aunt has already had herself appointed, you can Petition the court to remove her and install one or more of your father's children. Since your brother doesn't want it, that would leave it to you. I have done this exact proceeding before, and though I would be curious on how should would have done it, I have seen it done before because of failure of disclosure and proper notice by the originally appointed person.

Also, without a Will, your father's children (or grandchildren, if any, from a predeceased child) are the beneficiaries. So, if I have this correct, that would be you and your brother. Your Aunt would get nothing.

If I can help further, please let me know, 888-475-1732.

Your Aunt has no interest. Retain counsel to protect yours.

Mr. Kaplan and Mr. Slater are absolutely correct. Your Aunt has not right to anything - the only heirs/beneficiaries here are you and your brother. You are also NOT responsible for any debts of your father. Get an attorney. YOu will need to discuss what has happened and remove your aunt as Personal Representative if she has even done this. She may be telling you this so you will not pursue the assets of your father.