Legal Question in Wills and Trusts in Florida
probate
our father died 9/6/02 and left no will,there are 3 children. He left a mortgage, 2 car loans and checking account what happens to those funds? also what happens if one of the children withdraws funds from it? would it speed up probate if 2 of the 3 children sign over their share? also there is credit card debts are we responsible for those debts?
1 Answer from Attorneys
Re: probate
1. The heirs are not responsible for the debts but the estate of the deceased is. If assets are distributed without payment to creditors they can follow the assets and seek payment from the heirs if they wanted to.
2. There is no probate since there is no will.
3. A personal fiduciary should be appointed who will administer the estate.
4. Since there is a mortgage to pay off there must be property involved.
5. Should you need representation please call me at 561 998 9401. Good luck.
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