Legal Question in Wills and Trusts in Florida

Re: Personal rep

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You will need to open an estate at some point in order to resolve your lawsuit. Presumably son's estate will be the beneficiary of some monies paid to resolve the matter and that must go through probate. You are better to get that started now, instead of waiting for the last moment. Once a petition for formal administration is filed, you can apply to be appointed by the court as the personal representative.

I am not sure that allowing the house to go into foreclosure will be in your best interests. It will affect your credit and the bank may have the right to file a claim against the estate for any deficiency. You should discuss this issue thoroughly with your attorney(s).

Scott R. Jay, Esq.