Q: My sister passed before she could sign the durable power of attorney. The only thing she has is a bank account .

A: You can file for summary administration as long as the bank account does not hold more than $75,000 and there are no other non-exempt assets. A durable power of attorney has no effect following the death of the signer, so it wouldn't have worked anyway. Schedule a free consultation to make sure summary administration is the correct procedure for your situation. Attorneys typically charge a very affordable flat fee for summary administration.

A: I am very sorry for your loss on the passing of your sister, please accept my sympathy and condolences for you and your family at this sad and difficult time. A Power of Attorney ends at death, the document would not have been useful upon your sister's passing. You should check with the bank to see if there is any pay on death designation, if there is, it will go directly to that person outside of probate. If a probate is required, and it will depend on the overall value of assets that will determine the type of probate that will be needed, if any. You really will need to provide more information and discuss in further detail with specifics with a Florida Probate Attorney. Whether a simple probate is possible on your own or a more complicated one will all be determined by the overall value of the estate/bank account, it will also matter if there was a Will, surviving spouse, children and or any other applicable circumstances. Some attorney's and law offices will provide an initial free consultation, you will need to check around.

A: Depending on the size of the estate, you may be able to petition for Summary Administration or other small estate proceeding. Consult with a probate attorney for more specific guidance.