Legal Question in Wills and Trusts in Florida

Re: No will, son inherits half business, liability?

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Nothing can be done at this time. The estate must be filed and a personal representative appointed by the court. The personal representative of an estate is responsible to administer the decedent's estate and to pay claims from the assets of the estate and not from his or her individual assets. You and your husband will have no personal liability unless you do something improper.

If the wife is appointed as personal representative and fails to properly

protect the assets with insurance, your husband can petition the court to compel her to purchase and maintain an appropriate policy. Your husband should consult with an attorney who can advise him of his legal rights and responsibilities.

Scott R. Jay, Esq.

Re: No will, son inherits half business, liability?

I think you are a little ahead of yourself. If there has been no probate opened then the bar is technically owned by the estate of your father in-law. You and your husband would have no liability for the bar, except that you may lose a portion of the estate that in the end would come to you if the bar business is run poorly or in violation of the law. You need to open probate so that a personal representative (PR) can be appointed. The PR would have authority to deal with the bar and other assets and would be in a position to safeguard your interests. Bars are highly regulated, there is a potential for the estate could be liable for state taxes and or liens against the bar. I suggest you speak with an attorney and take some action very soon.