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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9378
Experience:  Just Answer consultant at Self employed
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My single, unmarried sister who has no children passed away

Customer Question

My single, unmarried sister who has no children passed away yesterday and I need to obtain a legal letter of administration in order to gain access to her apartment
JA: What state are you in? It matters because laws vary by location.
Customer: I am physically inNY right now but her apartment is in Orlando Florida
JA: Has anything been filed or reported?
Customer: The orlando PD entered her apartment at my request yesterday. I have had her taken to a funeral home the MD has signed off on the death and th MEs office declined jurisdiction over the body
JA: Anything else you want the lawyer to know before I connect you?
Customer: I will be arriving in Orlando this evening and there is an ex boyfriend who may be trying to obtain the same authorization
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 5 months ago.

I am very sorry for the passing of your sister.

A few minutes please as I look into this.

Expert:  legalgems replied 5 months ago.

Only a court order will require a landlord (LL) to allow access to a relative or friend. Florida law does permit the LL to give access without a court order to search for a will, and it is standard to allow access to obtain clothes for the viewing/burial. The LL does not have the obligation to prevent entry by someone to whom the tenant had given a key prior to death.

If the LL refuses entry, one would need to open a probate case by filing in the county where she last resided, and be named personal representative. This person will act as the legal representative of the estate, and can access the apartment. Most LLs will be satisfied with proof of relation. If there is concern that a third party may try to access the unit, a relative can call and request that only blood relations be allowed access.

information on probate here:

https://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument#Untitled%20Section_1

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!