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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36233
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If you are PR for someone and it was done by a lawyer, and

Customer Question

If you are PR for someone and it was done by a lawyer , and it said you have the right to sell , transfer and convey any property,re al or personal which I may own at the the time of death. Do I have to go back and pay that lawyer again to take it to court and get an ok to do.?
JA: Since laws vary from place to place, what state is this in? What confuses you?
Customer: Florida
JA: Has anything been filed or reported?
Customer: in what way
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am waiting on the death cert.
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Do I have to go back and pay that lawyer again to take it to court and get an ok to do.?

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You don't have to hire the same attorney, but FL law requires a PR to hire an attorney to assist with settling an estate as the FL courts consider this practice of law.

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According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.

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So basically FL forces a PR to hire an attorney to help with settling the estate.

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thanks

Barrister

Customer: replied 6 months ago.
Thank you for your help. . I my charge a one time only cost
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time.

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If you are asking about the fee for JustAnswer, it is my understanding that as long as you didn't sign up for a subscription, it is just a one time charge..

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If you have concerns that you might have signed up for a subscription, you can just contact JustAnswer customer service and they can make sure you aren't.

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thanks

Barrister