Menomonee Falls, WI asked in Estate Planning and Probate for Florida

Q: My Grandmother passed away, I was her Durable POA. Now that she is passed I’m aware that the POA is no longer valid.

I’m in WI, she lived in Florida. What is my next step? She does have a will that’s in her safety deposit now, I can’t access since she has now passed. How do I get appointed by FL to handle my grandmothers affairs? Any advice will be much appreciated, I have no idea what to do. I am my grandmothers only living heir/ kin.

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Assuming that she left significant property that needs to pass pursuant to the will, you will need to hire an attorney and apply to the court in Florida to probate the will and appoint a personal representative. There are procedures to get access to the will.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your grandmother, please accept my condolences.

You will likely need to work with a Florida Probate Attorney, most probates require one. Based on the type of assets and their value will determine the type of probate that will be required. You will need to assess the value of her estate in order to determine whether a probate is needed with a Florida Probate Attorney, any assets in your grandmothers name alone without a transfer on death or pay on death designation or does not pass based on the way the property/deed is titled will need to go through probate. If you need to access accounts and things of that sort, it is likely that a Formal Probate may be necessary, again, to be determined based on your conversation with legal counsel and additional informaiton and details you can provide regarding her assets and estate. With you as the only remaining family whatsoever (if you are sure), this should not be a problem.

Bruce Alexander Minnick agrees with this answer

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: I am sorry for your loss, and I am here to answer your questions. The Florida Statutes provides that if a death certificate is provided to the bank where the safe deposit box is located, the bank will open the box and give the will to the person designated as the personal representative. Then you will need to consult with a Florida probate attorney about opening a probate estate if there are assets in your grandmother's individual name without a co-owner or a payable on death beneficiary. You are welcome to call my office for a free phone consultation. We handle estates anywhere in Florida, and we have many out-of-state clients. We handle summary administration for a flat fee including costs. We handle formal administration for an hourly rate.

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