Legal Question in Wills and Trusts in Florida

My young adult child suddenly passed away after an accident. No will, owns nothing, maybe has life insurance or small assets if any thru her work. Has a car that's not paid for. I possibly need to file suits, because of death, and to take action on a theft that happened before the passing. Why do I or we being the parents (not married, no children), have to pay for probate, to go after these people, or to be a personal representative!


Asked on 7/07/11, 5:45 am

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

As parents you have a difficult situation. The nature of probate law is to resolve issues of property, debt, claims, and expenses of deceased persons. Because the deceased person cannot represent himself/herself, another person or entity must be named personal representative. Florida requires that an attorney represent the estate since it can be a very complex matter. If the estate has net assets, such assets can be used to pay any probate and legal costs of administering the estate. If your daughter's estate has claims which can be collected from others, those assets can pay for expenses of the probate. You are advised to discuss the details of the matter with an attorney who is willing to represent the estate.

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Answered on 7/07/11, 5:56 am

You don't have to do anything, but you are are the closest relatives and if there something from the wrongful death you may be in line to receive it.

You should speak to someone in my office about the wrongful death if you want to pursue it. 888-475-1732.

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Answered on 7/07/11, 10:27 am
Lucreita Becude Lucreita D. Becude, P.A.

I am not sure what area you are in but Mr. Kaplan and Mr. Martin are both excellent resourses for you to speak with. If you are in the Jacksonville area, please contact my office. You will definitely need to file a wrongful death action and don't wait because time is of the essense in these matters - you don't want to lose witnesses, evidence, paper trail etc.

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Answered on 7/07/11, 11:28 am


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