My son, who was a Florida resident, passed away. No spouse-no children- no will. How do I, the Father, take posession of assets?

I am sorry to hear of your loss. This is a tough time. This will be an "intestate" matter, meaning no will. It would be handled in the probate court but not in your case, likely. Most states, Florida included, have "small estates" statutes that provide methods to handle this type of situation so there is no need for probate. If you have access to his residence, and there are no children or spouses out there, here in California you would simply move "him" out of his place. Terminate his lease, clean out the apartment or where ever he lives and take the possessions with you. The department of motor vehicles in your state should have a simple affidavit type form to use to transfer title to the vehicle. Any debts of his should be paid from the sale of that vehicle. Again, it is a tough thing you will be going through. Best to you. A Florida attorney will give you state specific advice but this is general advice. You may choose to talk to an attorney. Use the .com to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

Probate is a court-supervised process of gathering and distributing the decedent's assets. Florida law primarily establishes two types of probate administration: Formal Administration and Summary Administration. Florida law also establishes a nonadministration proceeding called "Disposition of Personal Property Without Administration." Probate resolves the affairs of a decedent and transfers assets to the proper beneficiaries. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will. To the extent a will is valid, the will controls over the automatic provisions set forth under Florida law. In the absence of a valid will, Florida law designates the beneficiaries and designates the way to select the personal representative. The personal representative is the person or entity appointed by the court to administer the estate pursuant to Florida law. In almost all instances the personal representative must be represented by a Florida attorney because many legal issues arise, even in the simplest estate administration. The attorney for the personal representative advises the personal representative on rights and duties under the law, and represents the personal representative in estate proceedings. The attorney for the personal representative is not the attorney for the beneficiaries. A provision in a will mandating that a particular attorney or firm be employed as attorney for the personal representative is not binding on the personal representative. Florida law provides for three alternate procedures other than Formal Administration. Summary Administration is generally available if the value of the estate subject to probate in Florida is not more than $75,000 or the decedent has been dead for more than two years. Under Summary Administration, the persons who receive the estate assets remain liable for claims against the decedent for two years after the date of death. This period may be reduced by publishing notice in a local newspaper. Another alternative to Formal Administration is "Disposition Without Administration." This is available if estate assets consist solely of exempt property and non-exempt personal property, the value of which does not exceed the combined total of up to $6,000 in funeral expenses, plus the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the last illness. The last alternative to Formal Administration is only available for decedents who were not Florida residents as of death. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. Dan W. Armstrong, Attorney Law Offices of Dan W. Armstrong, P.A. P.O. Box 1535 Ponte Vedra Beach, FL 32004-1535 (O) 904.280.0058, (F) 904.280.0109 Website: http://www.DanArmstrong.com

According to Florida Statute 733.301, in intestate estates (no will) the priority for appointment is (1) The surviving spouse. (2) The person selected by a majority in interest of the heirs. (3) The heir nearest in degree. If more than one applies, the court may select the one best qualified. Since your son passed away with no spouse and no children, you are the heir nearest in degree. My office is located in Venice, Florida near North Port. Please let me know if you would like my assistance. Susan Gregory Liammari, Esq. Counselor First, Then Counsel Florida Elder Care Attorney & Advocate 1491 E Venice Avenue | Suite A | Venice, FL 34292 Ph: (941)-486-8700 | Fax: (941)-486-8708 Website: www.LiammariLaw.com Twitter: http://twitter.com/Legacy_Lawyer Linkedin: http://www.linkedin.com/in/susangregoryesq