Q: Florida Estate, Father not on Birth Certificate, if he does not respond to decline executor or sign up as one, then?
I am mom and showed on certificate. no will found so far. He never met her or paid child support. I have called 8 numbers and found 8 emails with no reply
A: Very sorry for your loss, please accept my condolences at this difficult time. In Florida, any interested person can pursue and commence a probate. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. If the father is nowhere to be found or interested you need not wait to pursue a probate of the estate, you should get a probate attorney in that state and pursue the appropriate probate based on the estate size and value of assets, in Florida the executor of an estate is called the Personal Representative, you will need an attorney for this process in Florida in most all instances. You do not need to wait around or look around for anyone to start the probate yourself.
Linda Liang agrees with this answer
A: As a surviving legal parent, you are an interested party with preference of appointment as personal representative. You should retain an attorney to represent you and prepare to open the estate. If the biological father is not the legal father (there is a statute in the Florida probate code that addresses when the biological father is or is not the legal father), then he would not have an interest in the estate. Your attorney can help you determine whether he needs notice and whether he has an interest in the estate.
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