Family member recently passed away. She had a home in St. Petersburg, will in place but also has a lawsuit regarding her mesothelioma. Trying to help as executrix lives out of state.
I am sorry to hear about that. I'm hopeful and confident that you'll receive responses here that provide some guidance and make this process a little less overwhelming. After an executor or executrix (personal representative) is appointed by the court, he or she has the authority to continue the pending case on behalf of your family member who passed. Is the person who was named as personal representative related in any way (by blood or marriage) to your family member who passed? Under Florida law, someone unrelated to the decedent cannot serve as personal representative unless he or she is a primary resident of Florida.
Law Office of Brandon R. Bytnar, P.L. Naples, Florida *Licensed to practice law in the State of Florida
Estate Planning Attorney
I'm sorry for your loss. Has the executrix already been appointed by the probate court? In Florida, we call the executor or the executrix the "Personal Representative."
The answer provided to the question does not constitute legal advice or establish an attorney-client relationship.
There are many probate attorneys on this website that handle probate cases in St. Petersburg. I would just check out the attorneys listed in the area that do probate and give her a list to contact the attorney offices and set up something. Many attorneys can do this type of work or at least get started without having to actually meet the client.
B. Elaine Jones, Esq.
You are doing the right thing. There are many of us here in the St. Petersburg area that do probate law. If you go on AVVO's Find a Lawyer tab, you can get a list of attorneys in this area from which your friend (the Personal Representative) can choose.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.
Having the personal representative live out of town is not usually a problem.
Several attorneys should be interviewed before making the decision as many of us probate attorney
have different ways of charging for services.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.