Q: My dad passed w/o a will. He owns 100 acres in Louisiana. Do I probate in FLORIDA or LA?
My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.
He had around $900 in his checking account.
Is it in anyway wise to hire an attorney in Florida, or should I just find someone in Louisiana?
A: You should retain a probate attorney here in Florida; he will likely have to open an ancillary probate action in Louisiana if one needs to be opened. I urge you to not do this on your own.
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A: Very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this difficult time. The location/s of probate will depend, one probate will be likely be required in his state of domicile, if he lived and had his home in Florida then that would be Florida, the land will have to be probated in the state where the property is located in an ancillary probate ( that will be LA). You should start by speaking with a Florida Probate Attorney and based on the details and specifics that you provide they will be able to direct you on what needs to be done overall but also the type of probate, if any, that may be required in Florida for the various assets.
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