What is the name of your state (only U.S. law)? Florida
I am in the process of purchasing a judgment from an estate. The judgment holder died the year after the judgment was awarded. Prior to her death the holder granted a durable power of attorney to her son and daughter to sell or dispose of her assets prior to her death. This particular judgment was overlooked at the time and of course the DPOA expired upon her death.
Skip ahead now to just a couple of months ago (11 years after judgment holders death). The judgment met my purchasing criteria so I contacted the son and he and his sister wanted to sell the judgment. The local court clerk said I would need the letter of administration in order for the siblings to legally sell the judgment.
Upon contacting the siblings they informed that since all known assets were disposed of prior to her death and there were no assets or liabilities at the time of her death they did not probate and therefore no letter of administration.
To try and probate now would cost more that the judgment is worth. I have considered preparing a motion and order (I am not an attorney) for the siblings to sign and file using the original DPOA asking the court to grant allowing the siblings sell this asset since the original DPOA clearly said all assets tangible and intangible and this judgment was missed at the time.
Is this a viable direction or is there a simple solution or a solution period?
I am in the process of purchasing a judgment from an estate. The judgment holder died the year after the judgment was awarded. Prior to her death the holder granted a durable power of attorney to her son and daughter to sell or dispose of her assets prior to her death. This particular judgment was overlooked at the time and of course the DPOA expired upon her death.
Skip ahead now to just a couple of months ago (11 years after judgment holders death). The judgment met my purchasing criteria so I contacted the son and he and his sister wanted to sell the judgment. The local court clerk said I would need the letter of administration in order for the siblings to legally sell the judgment.
Upon contacting the siblings they informed that since all known assets were disposed of prior to her death and there were no assets or liabilities at the time of her death they did not probate and therefore no letter of administration.
To try and probate now would cost more that the judgment is worth. I have considered preparing a motion and order (I am not an attorney) for the siblings to sign and file using the original DPOA asking the court to grant allowing the siblings sell this asset since the original DPOA clearly said all assets tangible and intangible and this judgment was missed at the time.
Is this a viable direction or is there a simple solution or a solution period?