Hello,My mother in law died on 11/3/2000. My wife was the only child and beneficiary in her Will.Recently we were informed that there was a $14,000.00 bank balance in Montreal (Mother and daughter were Canadian). The Bank of Canada is requesting a Probate which was never done. Can one be done now?Thank you
State/Country relating to question: Florida
We sent a copy of the death certificate (Miami-Dade County), copy of the last will and testament and other documents to proof that my wife was the only heir to the Bank in Canada.
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You can open a probate estate in Florida now, yes - there is no statute of limitations. However, it would be helpful for your wife to find out what exactly the Bank of Canada wants from her? If there was never any estate (her mother died without any assets titled in her name) a probate filing is going to cost about $450 just to file the paperwork -and because the forms are not something you can find at the Clerk of Court's office, you may have to hire a probate lawyer, meaning spending more money.
Are they wanting Letters of Administration, which is a court order formally appointing your wife personal representative (executor) of the estate? Or, are they asking that a probate be opened in Florida so that a probate can then be opened in Canada? I'm just wondering if there is anything they would accept in lieu of an unnecessary probate filing.
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The Bank insists on the probate.
I'm sorry that they're going to insist on that, but at least as I said, your wife can still file for probate as there is no statute of limitations. Sh may want to call the Florida Bar Association Lawyer Referral Service (1800-342-8011) who can put her in touch with a probate/estate lawyer in your area and give you a 1/2 hour consultation for $25. This guide from the Florida Bar explaining the probate process may also be helpful.If there are specific questions you have about filing, please do not hesistate to reply back to me.
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