Legal Question in Family Law in Florida
tragedy
my uncle passed away not to long ago and my aunti is having a hard time trying to det everything under her name. she's been married to him for more than 13 years. after his death we tried contacting the mortage office and the auto loan office. they are giving us a real hard time, they're asking for power of attorneys or a WILL. her name is not on any of the documents. since they've been married for so long do she need all that? how can she save the house and the car from getting reposes? what do she need to do.
2 Answers from Attorneys
Re: tragedy
She needs to be appointed personal representative of the estate.
Re: tragedy
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Your aunt needs to file a probate of the estate of your uncle. Being married does not exempt her from doing so. If your uncle had taken the necessary steps, he might have avoided this but apparently this was not done.
She needs to meet with a qualified attorney ASAP to get this started. As soon as the estate is filed, the court will appoint a personal representative which will presumably be her. The personal representative will then have the authority to handle all matters on behalf of the estate.
Scott R. Jay, Esq.