Legal Question in Wills and Trusts in Florida

Re: Letter of Administration

The Letters of Administration (often called "Letters") are issued by the Court after the Will has been filed, a Petition for Administration has been filed, and all other necessary pleadings in order to open the estate. The Court will appoint a Personal Representative and Letters are issued. The Notice of Administration then has to be published in the court designated newspaper so that creditors have an opportunity to make a claim against the estate.

Certified copies of the Letters must be presented to each holder of assets belonging to the estate in order to have them released. The Court may also require you to open a restricted estate bank account and to marshall all assets in order to eventually make a distribution to the beneficiaries.

The size of the estate suggests that you should engage the services of a competent attorney who is experienced in handling the probate of an estate. This is a serious legal matter which requires counsel to work with you.

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

Re: Letter of Administration

Letters are issued by the Probate Court in the county where your mother's estate is being administered, which Letters will provide you with similar, not identical, powers and duties you had during your prior role as guardian. Prior to her death, you were apparently the guardian in a separate "Guardianship" proceeding, with certain powers to look after your mother. Now, after her death, a new proceeding must be started in "Probate" court to administer her estate and, at the end, make the distributions as set forth in her will or, alternatively, under the laws of intestate succession. Consult an attorney in your area.

Re: Letter of Administration

Letters of Administration are issued by the Probate Court in the county where your mother-in-law had her residence. It is necessary to bring a Petition for Administration to begin this process. Furhtermore, the bank would be authorized to release the funds to the Estate, not directly to your wif personally, although she may ultimately be entitled to them. Ill be glad to dicuss details with you at no charge. JMC