Order Appointing Attorney Ad Litem, Administrator Ad Litem

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL DIVISION
Plaintiff,
vs.
CASE NO.:
DIVISION:
D
Defendants.
______________________________________/
ORDER APPOINTING ATTORNEY AD LITEM, ADMINISTRATOR AD LITEM, GUARDIAN AD LITEM
This matter came before the Court upon the motion of the Plaintiff to appoint Attorney
Ad Litem, Administrator Ad Litem, and Guardian Ad Litem. The Court having reviewed the file
and the motion and being duly advised in the premises, thereupon:
ORDERS and ADJUDGES that:
1. Plaintiff’s Motion is granted and _______________________________________
whose address is ___________________________________________________ is
hereby appointed Attorney Ad Litem, Administrator Ad Litem, and Guardian Ad
Litem for the decedent named in the style above, the decedent’s unknown spouse,
heirs, devisees, grantees, creditors and all other parties claiming by, through, or
against the decedent named above, whether said unknown parties claim as heirs,
devisees, grantees, assignees, lienors, creditors, trustees, or as other claimants.
2. The said Attorney Ad Litem, Administrator Ad Litem, and Guardian Ad Litem shall
file an answer within 20 days and shall protect the interest of the decedent’s unknown
spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through,
or against the decedent named above.
3. The Attorney Ad Litem, Administrator Ad Litem, and Guardian Ad Litem shall state
in his or her answer whether he or she made a diligent search and inquiry to discover
Revised October 6, 2009
the name and current residence of the decedent’s unknown spouse, heirs, devisees,
grantees, creditors and all other parties claiming by, through, or against the decedent
and whether the decedent’s estate has been probated or otherwise administered. See:
Rodriguez v. Levin, 524 So. 2d 1107, (Fla. 3d D.C.A. 1988)
4. The Attorney Ad Litem, Administrator Ad Litem, and Guardian Ad Litem shall state
the specific actions taken in connection with the diligent search and inquiry, and may
use the following checklist to describe the actions taken to identify, locate and notify
decedent’s unknown spouse, heirs, devisees, grantees, creditors and all other parties
claiming by, through, or against the decedent. Refer to checklist below and identify
in your Answer which of the following actions were taken.
5. CHECKLIST AND MATTERS TO BE INCLUDED IN ANSWER:
A. Advise the court whether any of the following actions were taken or the following
sources checked:
• United States Post Office inquiry through Freedom of Information Act
for current address or any relocation.
• Last known employment of Decedent/Defendant(s), including name and
address of employer. You should also ask for any addresses to which W2 Forms were mailed, and, if a pension or profit-sharing plan exists, then
for any addresses to which any pension or plan payment is and/or has
been mailed.
• Unions through which Decedent/Defendant(s) may have worked or that
governed particular trade or craft.
• Regulatory agencies, including professional or occupational licensing.
• Names and addresses of relatives and contacts with those relatives, and
inquiry as to Decedent/Defendant(s)’s last known address. You are to
follow up any leads of any addresses where Decedent/Defendant(s) may
have moved. Relatives include, but are not limited to: parents, brothers,
sisters, aunts, uncles, cousins, nieces, nephews, grandparents, greatgrandparents, former in-laws, stepparents, stepchildren.
• Information about the Decedent/Defendant(s)’s possible death and, if
dead, the date and location of the death.
• Telephone listings in the last known locations of Decedent/Defendant(s)’s residence.
• Internet at http://www.switchboard.com, Google.com, or other Internet
people finder.
• Law enforcement arrest and/or criminal records in the last known
residential area of Decedent/Defendant(s).
• Highway Patrol records in the state of Decedent/Defendant(s)’s last
known address.
Revised October 6, 2009
• Department of Motor Vehicle records in the state of Decedent/Defendant(s)’s last known address.
• Department of Corrections records in the state of Decedent/Defendant(s)’s last known address.
• Title IV-D (child support enforcement) agency records in the state of
Decedent/Defendant(s)’s last known address.
• Hospitals in the last known area of Decedent/Defendant(s)’s residence.
• Utility companies, which include water, sewer, cable TV, and electric, in
the last known area of Decedent/Defendant(s)’s residence.
• Letters to the Armed Forces of the U.S. and their response as to whether
or not there is any information about Decedent/Defendant(s). (See
Memorandum for Certificate of Military Service, _ˆ Florida Supreme
Court Approved Family Law Form 12.912(a).)
• Tax Assessor’s and Tax Collector’s Office in the area where
Decedent/Defendant(s) last resided.
• Other: {explain}
B.
Include in your answer the following: The age of Defendant(s) is
[√ one only] ( ) known {enter age}
or ( ) unknown.
C.
Include in your answer the following: Defendant(s)’s current residence
[√ one only]
a. ( ) Defendant(s)’s current residence is unknown to me.
b. ( ) Defendant(s)’s current residence is in some state or country other
than Florida, and Defendant(s)’s last known address is:
c. ( ) The Defendant(s), having residence in Florida, has been absent from
Florida for more than 60 days prior to the date of this affidavit, or conceals him(her)self so that process cannot be served personally upon him or her, and I believe there is no person in the state upon whom service of process would bind this absent or concealed Defendant(s). DONE and ORDERED in Chambers at Tampa, Hillsborough County, Florida this
_________ day of______________, 20__.
____________________________________
MICHELLE SISCO
Circuit Judge
Copies to: Plaintiff’s Attorney of record Defendant(s)’ Attorney of record All Pro Se Defendants Attorney Ad Litem Print Form
Revised October 6, 2009
.