Monument, CO asked in Probate for Florida

Q: My brother just passed away in Florida. I am next of kin and live in another state. I am heading to Florida and making

arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been there helping him after his surgery. How to I know what I am allowed to do to help according to Florida law? Thank you.

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

A: I am very sorry for your loss on the passing of your brother, please accept my sympathy and condolences for you and your family at this sad and difficult time. You will want to wait on paying any bills until you speak with a Florida Probate Attorney, much will depend on the type of assets that exist and their value and whether a probate is required. As far as bills are concerned, some, all or none of them may end up getting paid per the estate and any probate that ends up being necessary and done. If there is a Will and or other estate planning (Trust), you will want and need to get those documents, and have them reviewed by a Florida Probate Attorney. As far as paying any bills, you will want to limit those payments as well until after your discussion with the probate attorney. A copy of the property deed would also be helpful, but, if necessary, the law office can look that up as well. As far as probate, you can handle that from afar. If there is a surviving spouse, children of your brother, all those issues will matter, if the property is his Homestead that will also matter and how it is handled per the deed, via probate or otherwise. Payments that are made should be recorded and kept to the minimal, any HOA fees, mortgage payments, utilities and so forth, again and limited to essential necessities that need to be addressed, and I would encourage first a discussion with legal counsel. Assets that have to go through probate are the ones in your brother's name alone, while other assets may pass outside of probate due to the manner in which a deed is held, pay on death or transfer on death designations and or even joint ownership of account/s. You currently should limit how and what you pay currently and from where it is paid without further discussion.

Terrence H Thorgaard , Barry W. Kaufman and Ira Markowitz agree with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Probate Lawyer
  • Miami, FL
  • Licensed in Florida

A: Very sorry for your loss. The banks and other institutions may require you to obtain Letters of Administration from the probate court in order to manage your deceased brother's affairs as the personal representative. If so, you will need to hire a probate attorney to open a probate administration process for the estate. Consult with a probate attorney to assist you with the process and advise you as to the payment of any bills.

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