Legal Question in Wills and Trusts in Florida
No will
My father just passed and he didn't
have a will. I know he has a few
debts, including the IRS. He doesn't
own much. Do I need to get a
probate attorney to handle
everything? He was renting and had
a roomate who is moving out now,
can I remove things from his place?
3 Answers from Attorneys
Re: No will
Depends on size of estate.You can handle a summary administration (less than $75,000) without a lawyer.
Re: No will
You may not have to do anything but you should speak with a probate attorney to make sure.
Re: No will
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If there are no probatable assets, you will not need to file any estate. The personal property in his apartment can be removed without the involvement of the court. Generally, if there is any real property, bank accounts, securities, or other similar assets, you will have to file the estate. If not, you can simply divide his belongings among family members.
Scott R. Jay, Esq.