Legal Question in Wills and Trusts in Florida

Without the Will, how do you know who the Personal Representative (i.e. Executor) is? Without a Will, a Probate Court Judge will have to determine who to assign as the Personal Representative. Even with a Will, if the Personal Representative cannot be located, the Court will have to determine who will serve. This person will clearly be someone who can be located. If your aunt wishes to be the Personal Representative, she can always petition the court to be so assigned during the Probate.

I take it your saying that they cannot locate the will of the elderly woman your aunt is taking care of. Look in an area where she keeps all of her important papers, or check with family or close friends. If the will cannot be located, then her property will be disbursed according to state law. Your aunt can create her own will to dispose of her own property if she still has the mental capacity to do so.