Legal Question in Wills and Trusts in Florida

Probating a will in Florida
My fiance passed away 5/31/09. His will stipulates that I am the executor. His directions were to ''be cremated and that the ashes be disposed of according to the wishes of my Executor'' and then ''spread in a location near to where (my name) may decide she may be living permanently.'' The funeral home here in Florida notified me that the deceased's brother has taken over and will have the cremains shipped to NY where he resides. He is the last remaining next of kin. I understand that I need to probate my fiance's will asap. Can I do this myself, and if so, how and how long does it take? Time is of the essence here. The brother will not answer my phone calls nor those from the hospice social woker. He has received a copy of the will.

Asked on 6/05/09, 10:31 am

Thomas Shigo The Shigo Law Firm, P.A.

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Re: Probating a will in Florida

No, you cannot probate the estate without an attorney.

Notify the funeral home not to release the ashes without instructions of the personal representative.

Find a probate attorney and probate the will now. Time to get appointed varies from county to county depending on the current case load.

Answered on 6/05/09, 10:38 am

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