If you need a copy of the Last Will & testament, go downtown on Bay Street to the Probate Departement at the court house on the first floor and ask for a copy of the Will and they will only charge you a copy fee. If the child has the Power of Attorney (“POA”) and named as the parents attorney in fact (“AIF”), that AIF can act and sue on behalf of the parent under the assumption that the parent has ask the AIF to ac ton their behalf presumably because of the parents drug issues. You can sue on behalf of the parent if you are the AIF in their POA and if you are named as a beneficiary in the Will you may act individually. See someone that does probate and or just consult with them to insure your inheritance.
The probate system has a bad reputation, as something always to be avoided. Like most institutions, the probate system is sometimes wrongfully criticized by those who are misinformed. Probate is the process by which a decedent’s bills are paid and property held in the decedent’s name alone are transferred by court authorization, in accordance with the decedent’s will, if there was one, or by general law if no will is found. The most common types of probate in Florida are formal administration and summary administration. Summary administration applies to probate assets less than $75,000 in total value, excluding the value for the homestead; attorney’s fees and court costs would amount to between $1500.00. The process takes approximately two weeks from beginning to end. Formal administration takes around five months or longer, in large part because of the three-month period for claims to be filed against the estate. Attorney fees for formal administration are specifically set forth in the Florida Statutes.
If even one titled asset is in the decedent’s name alone at death, probate would still be necessary in order for title of that asset to be transferred. Life insurance proceeds also pass outside of the probate system, unless your estate is a beneficiary of the policy.
See at probate attorney or see an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website has further information on probate. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
822 A1A North, Suite 303
Ponte Vedra Beach, FL 32082
(O) 904.280.0058, (F) 904.280.0109