Orlando, FL asked in Estate Planning and Probate for Florida

Q: Mother died November 2023 without a will. Total cash assets of $2597.65. Do I need a lawyer is settle this estate?

$1436.89 in Checking/Savings account(s)

$1160.76 - 3 insurance refund checks payable to my mother.

$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.

I believe all debts have been settled or discharged.

I have been paying out of pocket $2700.00 a month for her care for 18 +/- months prior to her passing.

Related Topics:
1 Lawyer Answer

A: Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However, probate can be challenging, and an attorney would most likely be 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.