Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.
Do your aunt and uncle have any other living relatives?
This I already knew & yes their is only nieces & nephews left. My dad his sisters are all dead. He was the baby of the family & died about 7 years ago.
This I already knew but, how do I go about finding out for my cousins & me?
(3rd attempt to send you the answer, please do not keep sending replies before I can answer as it keeps erasing my answer when I post to you)..Ok, thanks. We cannot know what customers know or don't know so please do not take it personal it is just a general opening that is given to everyone. I also just posted the answer but because you relisted it erased my answer. So I am sending it again. Please in using this site you have to be patient as the experts need time to type and are dealing with other customers. We always reply back if given the opportunity. Thanks for your patience and I had to retype all that follows.....
Now to your issue. The nieces and nephews would split the account, since there are no other living relatives. No one can tell you how to find a will. Wills are rarely recorded anywhere, contrary to what the general public thinks. If a person has a will they give it to someone and when they day that person who has the will would probate the will, at that point that is how anyone finds out there was a will. So if they had a will it would have been probated in the probate court in the county they lived in when they died.
If there is no will (and you are not required to produce a will to get to the account), you can file a petition for administration with the probate court, list the account as an asset of the estate and ask the court to distribute it to the surviving heirs. Once the court issues the order, you can send that order to the State of Florida Dept. holding the funds and they would release it to the heirs. Most FL probate courts require you to use an attorney, so you would have to check with the probate court in the county in question to see if you need an attorney or can do it on your own. I hope this helps clarify.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).