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Florida probate and inheritance? |
My four siblings and I just found out Tuesday that our uncle died last Saturday; he lived in Florida, we are in Ohio, and his only living relatives. So far the lawyer who is handling the estate has given us very little info but we did learn that the lawyer's office will be responsible for removing the contents of our uncle's apartment. If the will designates that the contents be sold and the money divided, there's nothing we can do about that, but there are sentimental items such as photographs, birth certificates, etc. that have no real monetary value, and we have no clue if we might be allowed to keep things like that. Does anyone know how these kinds of things are typically handled? We couldn't get an appointment to meet the lawyer until Monday, and we would like to know a little more about what to expect before we get there. Our uncle hired the attorney to be his personal representative. While my sister also lived in Florida, she was executrix, but after she also moved to Ohio, our uncle figured it was better to have someone local to administer the estate, and hired this guy. Yes-you need a POA for the sibling who cannot go to Florida. Also, how did this attorney get to be the attorney for the estate? If you're not satisfied with him, hire your own. Generally, even an attorney appointed in the Will can be replaced by the heirs. (In my state, appointment of an attorney in the Will of the decedent is not honored). Ask the attorney for the personal items each of you want. If there's a dispute over one particular item, settle it by a game of chance--like cutting cards, etc. Also, can you consult another attorney before seeing the attorney for the estate so you know your rights? A quick consultation split 4 ways would be very inexpensive. Many lawyers do consultations for free. I've done a lot of probates, but only a few anciliary probates in Florida and the details of administration of an estate vary quite a bit among the states. You need to contact the attorney and get a copy of the will. |
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