Probate
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Is it necessary to hire an attorney for probate proceedings in Florida when a person has died with no will and the parents are the only heirs?

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2008-02-16 23:53:39
2008-02-16 23:53:39

Yes it is necessary to see an attorney because the deceased has not left a Will. All debts of the deceased must be paid off and that is why there is "Probate." This includes property taxes, personal taxes, charge cards, etc. If the deceased had no property or nothing to leave behind then everything becomes null and void. The parents would not be responsible for those debts unless they cosigned for a loan.

You may want to consult an attorney, but if the son died without owning real estate or major assets with a title (like a motor vehicle), and no children of his own, the lawyer will probably tell you not to worry about probating the estate. Interesting that a Canadian feels comfortable answering a legal question about Florida, and that this site allows it.

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