Legal Question in Wills and Trusts in Florida

My father recently passed away there's no will, can I legally pay all his bills with his bank account if I am not on it?


Asked on 7/21/14, 11:27 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

No.

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Answered on 7/21/14, 12:47 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

No you likely cannot get access to his funds. You would need to file a probate to act on his behalf to pay the bills with those funds. Seek legal guidance

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Answered on 7/21/14, 2:37 pm
Joseph Pippen Law Office of Joseph Pippen & Associates

No-to get access you will need to start a probate process.

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Answered on 7/21/14, 4:31 pm

As the other attorneys stated, you cannot access the funds to pay his bills. If no one else is on the bank account, then probate is required to distribute the funds. It is important to note that any debts under your father's name only will need to be paid through his estate. This requires probate. Florida Probate Law also mandates the order by which creditors get paid. For instance, funeral expenses, attorney and personal representative compensation, and medical expenses will get paid before credit cards. Since there is no will, you can file a Petition to be Personal Representative (executor of his estate) and open probate. You should consult with a probate attorney to assist you as there are different forms of probate and various steps that need to be taken. Additionally, if there are multiple beneficiaries/heirs, Florida requires an attorney to handle the probate.

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Answered on 7/24/14, 7:10 pm


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