Legal Question in Wills and Trusts in Florida

Re: Death of family member with no will, but cash on hand.

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From the limited information you provided, it would seem that someone will need to step forward and set up a guardianship for your cousin. A petition must be filed with the Court who will then appoint a committee to review the matter consisting of two doctors and a lay person. In addition, an attorney will be appointed to represent the interests of the alleged incompetent.

If the Court rules that your cousin is incompetent, the Court will then name someone (presumably the person who filed the Petition) as the Guardian to oversee the affairs of your cousin. The Guardian will have to file annual reports with the Court and only spend monies of your cousin with the approval of the Court.

You may also need to file a probate for the Estate of your aunt.

The filing of a guardianship is a complicated procedure and representation by an attorney is generally required. I strongly suggest that you consult a competent attorney to review the specifics of your cousin's situation.

Scott R. Jay, Esq.