Q: Should I get a fl attorney during probate in Missouri.?
I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get a lawyer to retain? I do have confidence in my brother, no animosity but all the details are his and not relayed to me
A: I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this short period of time. Any attorney hired by the Executor (called a Personal Representative in Florida) will represent the Executor and the Estate, not beneficiaries such as yourself as your interests may diverge, also, information that is forthcoming maybe slow and limited, in addition, you will likely want and need an attorney to review any documents that you receive such as waivers and what you may be waiving, but also to insist on timely notice and accounting and inventory and the like. It would be helpful to have an attorney to represent your interests in the State where the probate is taking place, so if in Missouri, a Missouri Probate Attorney, if in Florida, then a Florida Probate Attorney. Whether you need and want the extra expense of an attorney per above, you will have to decide. Again, 4 days is no time in the world of probate and until actually paperwork is filed and a probate opened, you may well want to wait and see how things go, if you have a lot of concerns and questions then you may want to speak with a probate attorney. Note, generally, insurance policies as well as bank accounts will often pass outside of probate to the listed and named beneficiary on those accounts via pay on death or transfer on death designations or as the named beneficiary of an insurance policy, so it is possible those assets will not be part of probate at all and will be collected by the named person/s, so be informed of these realities. Also, if there is a surviving spouse, this can change a lot as well.
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