Worcester, MA asked in Probate for Florida

Q: I am PR for my mom’s estate Can I be my missing brothers advocate or do I have to hire another attorney

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Really not enough info to say for sure. But if you and your brother are both Hiers and he is missing then I suggest that you get an independent person to represent your brothers interest.

If you already have a probate attorney you should really discuss this with him.

Sherri Stinson
Sherri Stinson
Answered
  • Dunedin, FL
  • Licensed in Florida

A: I am not quite sure what you mean when you say "I am PR." Are you currently represented or do you need counsel? If you are currently represented, your attorney should be able to answer this question, and should be notified that you have a brother.

However, generally, you would have to give notice to the court of his existence. If you do not know where he is, you can "publish" against him to notify of the existence of an estate. If he does not show up, then as a general matter, your attorney would petition the court to deposit his share in the clerk of the court registry. The clerk's office keeps the money for a certain amount of time until it is claimed. If it is not claimed, then eventually, that money is sent to the State of Florida, and it sits there until he or one of his heirs claims it (if he is deceased). As a general practice, I always check the State of Florida unclaimed funds registry (https://www.fltreasurehunt.org/) to see if the Decedent was owed any money.

Lauren Nagel Richardson agrees with this answer

1 user found this answer helpful

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