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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother in law passed away this morning we were taking

Customer Question

My mother in law passed away this morning we were taking care of her in our home with Hospice. My husband is her only child. We have, I think everything under control except her bank accounts. My husband is very worried about doing something wrong. There are three accounts, one is a savings that her social security checks are deposited into and he is on that account. The second was a checking account that she closed last month transferring the balance to my husbands checking acc. The third is a business acc that she told him about but it is only in her name. There are also two checks from her car insurance co we don't know what to do with.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Any accounts that husband was on jointly with mother would now be his solely owned accounts along with anything in them. A joint owner's interest automatically extinguishes upon their death leaving the survivor the sole owner.

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As for the other account in her name only, that would now be in her estate and would be subject to going through probate. If her entire estate is under $60,000 it would likely qualify for "family administration" which is an abbreviated probate process that doesn't require all the formalities of a full probate case.

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The checks would also be part of her estate and the petitioner in a family administration case could deposit them into her bank account and then request that the entire account proceeds be delivered to him/her.

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This is a link to the statutes and the general process for a family administration in FL:

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Link: FL Family Administration

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thanks

Barrister

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