Asked in Probate for Florida

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?

Related Topics:
3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

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.

1 user found this answer helpful

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

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.

Marc J. Soss
Marc J. Soss
PREMIUM
Answered
  • Probate Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: If the real property is located in LA, you need to conduct probate in the appropriate Parrish.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.