Legal Question in Wills and Trusts in Florida

To Probate or Not?

FACTS: DAD died no written Will; my step sister notified week before death; she wanted nothing to do with him; Dad said he wanted her to have nothing [witnessed;] Dad had girlfriend who held p.o.a. on his bank account to give $ to me (2nd daughter)to make funeral arrangements, which I did; day of death went to his apt. & cleaned it; Mgr. talked to step-sister who wanted nothing; gave items away; kept pictures for self; next day mgr. called said step-sister changed mind and wanted items; I gave her car keys, collectibles, and told mgr. to give step-sister rent deposit; agreed to find title to car and send; Step-sister causing problems; says P.O.A and I stole his money (there is still $1,000.00 left in account).

Q. What should I do with car title? Should I notify probate and send it to them or just send to step sister? Do I get in touch with Probate?

A. YES, you need to hire an attorney and let him probate your Dad's estate. From what you have described, the estate should qualify for less than a full probate. Do not send the car title to your step sister unless you have a written agreement on distribution. Probate courts recognize "Private Agreements" among beneficiaries. Let your step sister talk to an attorney and find out what it will cost her to fight you. Taking money out of your Dad's account to arrange his funeral is okay. Don't let her scare you into being foolish.