A question about intestate and the process?

[Harmony Blue]

What is the name of your state (only U.S. law)? Florida

My father passed away recently, and he did not leave a will. What I am wondering is how do I proceed to become an executor? Furthermore, based on my limited readings thus far that this is really complicated, and that I may need to hire an attorney because it seems beyond my scope of understanding. My biggest fear is the home being confiscated by the bank, because I have recently found out that my father missed many mortgage payments, and that this may accelerate the process for the bank to foreclose on the house now that he is dead.

Any advice would be appreciated, and thank you.

 

[OHRoadwarrior]

By making application with the county probate court where he resided. What is the value of dads assets? His debts? It may be best to walk away.

 

[Harmony Blue]

As painful as it may be that is what I may have to do. My father owned a car, house, and a checking account. Rummaging through documents, I found in the drawer, I discovered unpaid medical bills, and unpaid mortgage payments on the house. Basically, a big mess, and I don't think becoming an "executor" would be a good idea for me given how messy this will become and more than likely be beyond my scope. I lived with my father, and I am afraid that they will board up the house really soon (It has been only five days since his death). I am not sure if I will even bee given 30 days to vacate the property or not so I have prepared for the worst case scenario.

 

[latigo]

What is the name of your state (only U.S. law)? Florida

My father passed away recently, and he did not leave a will. What I am wondering is how do I proceed to become an executor? Furthermore, based on my limited readings thus far that this is really complicated, and that I may need to hire an attorney because it seems beyond my scope of understanding. My biggest fear is the home being confiscated by the bank, because I have recently found out that my father missed many mortgage payments, and that this may accelerate the process for the bank to foreclose on the house now that he is dead.

Any advice would be appreciated, and thank you.

Please arrange for a consultation with a Florida attorney experienced in probate practice. Don't try to make any sense of these laws. They are far too complex.

Plus the personal representative of an estate (not titled as the executor) bears a fiduciary relationship to both creditors and heirs. And if they foul up they can incur financial liability.

[SUP]Incidentally, OHR wouldn’t know the difference between probating an estate and incubating it.[/SUP]