What is the name of your state (only U.S. law)? Florida....My father recently passed. We quickly discovered he had no living will. He was divorced, single and he had three surviving children. They are in agreement on the eldest taking charge of his finances, asstets...etc....is there a form we need to sign and is does a lawyer need to be involved?
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Deceased father had no living will
- Thread starter jeff1450
- Start date
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aha!! i learned something useful in class this week!
a living will has nothing to do with what happens to a person's assets after they pass. it's a declaration for the person while they are still alive in the event they are mentally diminished and incapable of making medical and legal decisions.
that is seperate from an actual standard will.
no will..means everything goes through probate.
justalayman
Senior Member
here is a start for you:
Consumer Pamphlet: Probate In Florida
and Isis gets an A for the day
but realize that if there was a will, it would still go through probate
Consumer Pamphlet: Probate In Florida
and Isis gets an A for the day
but realize that if there was a will, it would still go through probatenuts!! i need to read that chapter again!here is a start for you:
Consumer Pamphlet: Probate In Florida
and Isis gets an A for the day
justalayman
Senior Member
probate is simply the states oversight and control of the distribution of the estate. It allows for letters of authority to be issued so the representative/executor/administrator can act on behalf of the estate (such as a POA would) . Without that given authority, there is nobody that can sign on behalf of the estate or even legally represent the estate so anything that is titled could not be transferred.
aha!! well you just saved me the act of pulling out my book.
it's an overseer. if no assignment of rep/exec/admin...probate assigns one?
sorry for the hijack OP.
justalayman
Senior Member
If nobody is nominated and nobody applies for the position, they cannot force somebody to do it. In some states, if there is nobody willing to accept the appointment, the state appoints an outside party that does this sort of thing (such as an attorney). Of course they receive what ever pay is statutorily allowed. If there are no statutory rules to appoint an outsider, and no other interested party steps up (in some states, creditors of the estate can step in and open probate where they would most likely insure there is an exec) the probate simply sets there. Kind of a pointless action to open probate if nobody is willing to act as exec.aha!! well you just saved me the act of pulling out my book.
it's an overseer. if no assignment of rep/exec/admin...probate assigns one?
sorry for the hijack OP.
That's why attorneys get to charge $250/hour for probate cases.
Speaking of which, if the OP returns, Florida requires the use of an attorney. Unless, if my failing memory serves, the value of the assets is less than $75K and a Summary Administration can be used.
justalayman
Senior Member
but how much do I get considering I amThat's why attorneys get to charge $250/hour for probate cases.
Speaking of which, if the OP returns, Florida requires the use of an attorney. Unless, if my failing memory serves, the value of the assets is less than $75K and a Summary Administration can be used.
justalayman
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