Legal Question in Wills and Trusts in Florida

Last Will And Testament

Hi, My Mothers will states like this...I hereby make, constitute and appoint--name removed--Marie--name removed-- as Personal Representative of this my Last Will and Testament, and direct her to pay all of my lawful debts, if any, and the funeral and burial expenses. Does that mean I am the Exicuter? Above it says, all of my sisters, myself and brothers names and says it bequeath her property and home to us. Does this have to go to Probate? Also her car on the title has her name and my name, if this has do go to Probate, does the car have to be included?


Asked on 4/03/07, 11:41 am

2 Answers from Attorneys
Ronald Jones Ronald A. Jones, PA

Re: Last Will And Testament

You are nominated as personal repersentative, which is what Florida calls an executor. This means that you are entitled to preference as executor. You are not the executor until a judge says you are the executor. Unless you are not eligible to be an executor (convicted felon, under 18, or declared incapacitated) then the judge should approve your being appointed executor.

You probably will have to go to probate, but it depends on what assets there are and how they are titled. As far as the car goes, it depends on how your names are on the title. Does it name you as Mary Smith AND Jane Smith, or does it say Mary Smith OR Jane Smith?

This is assuming the will is valid; you should call a probate attorney and let them see the will and the deed to the house and such.

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Answered on 4/03/07, 11:52 am
Robert Roemer Robert Roemer

Re: Last Will And Testament

I believe that you are the pr- however, You will need a attorney to represent you as PR. I would suggest you call me at my office tomorrow to discuss this further. I have done estate planning ang probate work for over 20 years so I can assist you.

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Answered on 4/03/07, 6:18 pm


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