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Looking for a probate lawyer, however meantime my mom passed…

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Looking for a probate...

Looking for a probate lawyer, however meantime my mom passed away an during this time my 2 brothers were still living there. The other 4 siblings had there own well established homes. Now one sibling is requesting keys, to hold events at the home, etc. Can the ones residing there say no to their request?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Sorry, Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

Not sure what type of documents you are referring to? My mom passed with no will being done.

Submitted: 4 months ago.Category: Estate Law
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Answered in 5 minutes by:
12/11/2017
Estate Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,383
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Estate Lawyer: Loren, Attorney replied 4 months ago

My condolences for your loss.

Has anyone opened an estate to commence probate?

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Customer reply replied 4 months ago
No not at this time. That is our next step
Customer reply replied 4 months ago
No phone call thanks
Estate Lawyer: Loren, Attorney replied 4 months ago

Thank you for the additional information.

You need to file a petition to open probate in the probate court for the county where your mother was living when she died.

Any interested party may file to commence probate, but you will need an attorney to do so in Florida.

Once probate is filed the creditors will be notified and, after the claims are resolved, the estate will be distributed to the heirs at law.

Until then, the heirs are not entitled to access the property without the permission of the estate representative, who is appointed by the court.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Also, The Florida Bar maintains an excellent online referral program:

FLORIDA BAR ATTORNEY REFERRAL

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Estate Lawyer: Loren, Attorney replied 4 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Loren
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Category: Estate Law
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