Margate, FL asked in Estate Planning and Probate for Florida

Q: Next of kin without a will?

My partner passed away a few weeks again, and the jurisdiction assigned to the case took his phone and a couple of other things into evidence since there was an open investigation. He did not have a will. His dad tried to call and obtain the phone back, and was told by the officer that he needs a lawyer to do that. Is that really true ?!

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No. Your partner's father can obtain the phone by complying with Florida Statute 735.301, et seq. "Disposition Without Administration". He doesn't need an attorney to do that. Of course, the phone can be kept by the police until the investigation is over.

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