Legal Question in Wills and Trusts in Florida

My stepfather died last week and I have power of attorney for my mother who will be coming into my home in a few weeks. My half brother is executor of his Dad's will. He lives in another county in Florida than his Dad did but I have been taking care of most issues for him. The attorney who prepared the wills has retired. Do we need to hire another attorney to take care of the will?

Asked on 1/01/13, 3:37 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

if there are assets that need probate then hire an attorney. we dont have executors only personal representatives. you need to consider how your mothers property is titled as well. sorry for your loss

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Answered on 1/01/13, 3:45 pm
Marc J. Soss Marc J. Soss, Esquire

If the value of the estate assets (those only titled in the decedent's name alone) exceeds $75000 you can handle the estate through Summary Administration. You do not need an attorney to handle this process. If the value of estate assets exceeds $75000 then an attorney will be required to handle the probate administration process.

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Answered on 1/01/13, 7:03 pm
Lucreita Becude Lucreita D. Becude, P.A.

Sorry for your loss. If I can be of assistance please contact my office for an appointment. A Disposition without Administration is for estates whose value are very minimal and do not require an attorney. However, a Summary Administration does require an attorney - however, if your step father did not leave any real estate property then perhaps it could be handled very easily but the amount will make the difference of what can and can not be done with the use of an attorney.

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Answered on 1/02/13, 6:56 am

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