Legal Question in Wills and Trusts in Florida

Re: Kathi , no will

You should consult with an attorney about filing probate.

Re: Kathi , no will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It sounds as if you will need to file a probate of your mother's estate. Without a will, you will have to file intestate. Generally, all of the children should join in on the Petition in order to facilitate the filing. A personal representative may have to be chosen based on the size of the estate (whether it will be Summary Administration or Formal Administration).

I strongly suggest that you consult an attorney who can review the matter and provide specific advice regarding the filing of the estate.

Scott R. Jay, Esq.