What do I do if my ex husband died suddenly without a will? 2 Answers as of March 16, 2012

Ex husband died suddenly. No will. Had children who were adopted by first wife and husband. Family not involved and do not want to be involved. I am taking care of all arrangements. Has bank account probably less then 2000.00 and a car with payments. I may want to buy the car. Would legal fees be more then what is in the account if I go through probate? I do not have alot of money to pay thousands of dollars to a lawyer. Can I do it without a lawyer? Help.

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Law Office of Robert J. Slotkin | Robert J. Slotkin
Automobiles may be handled outside of probate and you do not need a lawyer. The car belongs to the estate but his heirs can obtain the legal title by taking a death certificate and the title to any auto tag agency. You are not an heir so get the heirs to assign their right to you - that is all you need. The tag agency can help you with this. You will still have to deal with the loan.
Answer Applies to: Florida
Replied: 3/16/2012
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
You may be able to do a Disposition of Personal Property without Administration as to the cash, but it may be more of a hassle than it is worth to do anything with the car (because you do not have any authority to negotiate on behalf of the estate). You can go to your local clerk of court (probate division) and the clerk will provide you with the forms for this and may be able to help you fill it out. An attorney is not necessary for Disposition of Personal Property without Administration, or if an estate is opened, if the person serving as P.R. is also the only beneficiary of the estate. If there is no will, and you are an ex-spouse, you would not be a beneficiary contemplated under the Florida intestacy statutes.
Answer Applies to: Florida
Replied: 3/14/2012
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