Big Torch Key, FL Estate Planning Law Firms & Lawyers

A joint tenant's interest is subject to levy and execution. See McDowell v. Trailer Ranch, Inc., 421 So. 2d 751 (Fla. 4th D.C.A. 1982). Therefore, as a general rule where a certified copy of a judgment has been recorded against a joint tenant with right of survivorship, such judgment lien must be released or shown as an exception to coverage. One exception to the general rule exists. Since the interest of a joint tenant terminates upon his death, a lien on his interest is a lien on a defeasible interest. The lien terminates when, by reason of death, his interest in the tenancy terminates. See D.A.D., Inc. v. Moring, 218 So. 2d 451 (Fla. 4th DCA 1964). Therefore, where the joint tenant against whom a judgment lien exists dies and the property vests in the survivor, the judgment lien against the deceased tenant may be disregarded.

In Florida, a Personal Representative of a probate estate is appointed by a circuit court judge, upon the filing of  a Petition for Administration with the probate court.  The Petition for Administration must include information about the decedent, who are the parties who are interested in the estate, and the approximate value and the nature of the assets owned by the decedent that are subject to the probate proceeding.  All of the interested persons must receive notice of the filing of the Petition for Administration, and unless those interested persons have signed a waiver they must be notified by way of certified mail of the date of the hearing scheduled by the probate court to consider the Petition for Administration. Typically, the Petition for Administration must be prepared and filed by a Florida lawyer unless the proposed personal representative is also a Florida lawyer.  If a beneficiary is the sole interested person in an estate (no other heirs nor creditors), then the beneficiary may serve as the personal representative without the need to hire a Florida lawyer to represent the personal representative. If you need to file a petition for administration so you can be appointed personal representative of an estate, you should consult with a Florida lawyer who is experienced in handling probate matters.

You are an adult, so you could be named as your mother's agent under a POA, but only if she is willing to give it to you and has the capacity to do so. Since she has already given POA to your step-father, if she is not willing/able to give you POA, then your only other alternative would be seeking guardianship through the probate court.