Legal Question in Wills and Trusts in Florida
Can we probate without a lawyer
My dad passed away suddenly leaving no will.My mother lives in Va.They were still married living apart.All children are in agreeance that all of dad's property should be sold to help mom with her mortgage.Is it necessary to have a lawyer probate the estate, or can we do that ourselves? We want to keep as much money as possible to help mom.All of dad's property in FL was in his name solely.
2 Answers from Attorneys
Re: Can we probate without a lawyer
Based on the information provided, you are advised to consult with a local attorney re the legal options. Although you might be able to handle the probate of an intestate estate, many hours, much effort, and perhaps errors which may notbe discovered until later could erase any savings in legal fees. One of the children could serve as personal representative and agree to provide cooperation and assistance to the attorney, thereby minimizing fees.
Re: Can we probate without a lawyer
Of course you can legally probate your father's estate. It may not be prudent, however. The estate as you have described it has several complications including the fact that everything was in your father's name only and he died intestate (without a will).
A skilled lawyer can guide the family through the probate process and make sure that it is handled properly. Any mistake by a layperson can cost the estate far more than the fees charged by a reasonable attorney. Florida law allows the attorney to charge both a percentage of the gross value of the estate and an hourly fee but many attorneys will only charge an agreed upon hourly fee. Discuss all fees in advance.
Scott R. Jay, Esq. 305-249-8000
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