Legal Question in Wills and Trusts in Florida

No will

My father just passed and he didn't

have a will. I know he has a few

debts, including the IRS. He doesn't

own much. Do I need to get a

probate attorney to handle

everything? He was renting and had

a roomate who is moving out now,

can I remove things from his place?


Asked on 12/10/07, 10:38 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: No will

Depends on size of estate.You can handle a summary administration (less than $75,000) without a lawyer.

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Answered on 12/10/07, 10:44 am
Stanley Miller Stanley M. Miller, P.A.

Re: No will

You may not have to do anything but you should speak with a probate attorney to make sure.

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Answered on 12/10/07, 10:45 am
Scott R. Jay Law Offices of Scott R. Jay

Re: No will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If there are no probatable assets, you will not need to file any estate. The personal property in his apartment can be removed without the involvement of the court. Generally, if there is any real property, bank accounts, securities, or other similar assets, you will have to file the estate. If not, you can simply divide his belongings among family members.

Scott R. Jay, Esq.

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Answered on 12/10/07, 11:36 am


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