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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 8713
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My mother passed away 9/28/13. It it just my brother and myself

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My mother passed away 9/28/13. It it just my brother and myself and will share 50%/50% of her assets ($557,305--$135,000 in the bank and $421,557 estimated real estate value). We are on very good terms and I do not anticipate any problems. I will be the executor of the estate.
QUESTION: Can I file pro se? How do I find out what I need to file? I live in Duval County, FL and my mother's estate is in Manatee County, FL.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I'm sorry for your family's recent loss. One moment please as I get this information for you.

LegalGems :

Since there is more than one beneficiary (heir) an attorney is required.

LegalGems :

You may want to find an attorney that will let you prepare the paperwork, with the attorney reviewing it and filing it - so as to save some money.

LegalGems :

Here is the link to the price the court charges for filing fees: http://www.duvalclerk.com/ccWebsite/Probate.department

LegalGems :

Probate Rule 5.030 is the rule that requires an attorney.

LegalGems :

The will needs to be deposited with the court within 10 days of her passing. If you have not done this yet, you should do it as soon as feasible. Generally the court won't sanction a party as long as there was no attempt to avoid probate.

LegalGems :

Here is some general information regarding the probate process: http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument I'm not sure where your mother last resided- I presume Manatee- but the county where she last resided is where probate should be opened.

Customer:

Thank you. Is there anywhere to find out what other attorneys charge for this service? Or if someone charges a flat fee rather than a percentage?

LegalGems :

You would need to contact the various firms. Or you can do a google search (ie attorney manatee county probate flat fee). Let me see if the state bar has a referral link.

Customer:

Ok, thank you very much.

LegalGems :

You are welcome. If you do find a listing on the second link, please verify the attorney is in good standing with the bar (no disciplinary action). Also I googled that and there are lots of firms doing flat rates.

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