Legal Question in Wills and Trusts in Florida

Re: Executor Appointment

If you know so much, then why are you asking a lawyer? Sorry....I just could not resist asking that.

Actually, a lawyer is not required in order to probate an estate but it is very difficult without. There are many formalities required under Florida law (not federal) which demands a certain amount of knowledge gained by the study of law. A number of pleadings must be filed and they must be in the format required by the Court. Rather than trying to learn all this yourself, you may find it much easier and far less costly to simply seek a less expensive attorney. Although Florida law does allow an attorney to charge a set percentage of the assests of the estate as well as an hourly fee, contrary to popular misconception, there are not set fees for probate. The fee is negotiable between client and lawyer. I know that you can find many lawyers who will represent you for much less. The filing fees are charged by the state and will not change. The estate will have to be published in the newspaper and the newspaper will not negotiate their cost for advertising. In fact, the only thing that is negotiable is the attorney's fee.

I suggest that you consider meeting with several attorneys to discuss your situation and find one who will agree to handle your file for a fee you feel comfortable with. Please remember that the fees are set by the amount of time the attorney will spend working on your file and the knowledge he or she has handling this type of matter. One small error by you will cost far more. It can be a bad decision to be pennywise and pound foolish.

Scott R. Jay, Esq. 305-249-8000

Re: Executor Appointment

There is no requirement that you hire and attorney if you are skilled in this undertaking. However, the clerk of court is not permitted to provide you with legal services at taxpayer expense.

If there are no creditors or controversy, the procedure should be straight-forward. A petition should be filed to specify the residence as homestead. Once completed, you can obtain the cash in an abbreviated "Summary "proceding. Whole process should take about 6 weeks and cost about $1500+ court fees.No need to appoint "executor". JMC

Re: Executor Appointment

If your husband is the only beneficiary, and there are no disputes re creditors, you may be able to probate the estate without formal administration which requires appointment of a personal representative (who must be represented by an attorney) (Rule 5.030) Florida law, not Federal Law, has specific requirements re pleadings, notice to creditors, etc. Unless you intend to invest much time, you are advised to consult with several lawyers to find one whose fees are reasonable (there are not set fees, but there are maximum fees based on size of estate).

Re: Executor Appointment

If you have to file a formal probate you will need to have an attorney under Federal not Florida law. If you go under a summary or family adminstration it should not be very expensive at all. Good luck. http://www.helpwithlaw.com