Legal Question in Wills and Trusts in Florida
probate
My mother in law just passed away. There is no will, life insurance etc. However her estate is very complicated with real estate, a business and other properties in probate from her husbands death. My mother in law has three adult children. There is very few assets and/or money to pay for a probate attorney. Is there a state agency that can take over and settle the estate. What are the famlies options if they can not afford and attorney?
2 Answers from Attorneys
Re: probate
There are none. You will need legal representation. Fees and payment can be negotiated. Good luck.
Re: probate
Florida Law requires that an attorney be hired to administer an estate. Are you saying that the husband's estate is still pending in probate? If so, it is imperative that an estate be opened and an attorney hired to protect her inheritance from her husband. The assets will eventually come into her estate and can be used to pay the attorney. For instance, some real property may be have to be sold in order to satisfy debts, funeral expenses, taxes and attorney's fees.