Legal Question in Wills and Trusts in Florida

Do I need a lawyer

I am the PR and sole heir for my GF estate. l don't have the money for a lawyer or funeral. He has approx 110K in debt, and only about 10K worth of anything. At his death, can I sell his personal belongings right away to hire a lawyer for probate and pay for the funeral, or do I have to come up with it first, and get reimbursed after probate goes through?


Asked on 4/04/07, 8:52 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Do I need a lawyer

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.

You do not have the legal right to sell anything belonging to your grandfather(?) unless and until you are legally appointed as his Personal Representative and Letters of Administration are issued by the Court. At that time you are empowered to act on behalf of his estate.

Funeral homes will often demand payment up front. It would be wise for your grandfather to purchase a pre-need funeral plan which generally allow for monthly payments. At the time of death, only small sums are then required for miscellaneous costs.

Many attorneys will accept payment from the estate and not require the payment up front. You may need to speak to several probate attorneys to obtain representation but you should be able to find one.

Scott R. Jay, Esq.

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Answered on 4/04/07, 9:11 am
David Slater David P. Slater, Esq.

Re: Do I need a lawyer

Since the estate is so small, a summary administration will suffice. The attorney fee should be fair.

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Answered on 4/04/07, 11:05 am


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