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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Customer Question

My name is***** email address***@******.***. My husband, John W. Baird, passed away on March 18th, 2015. Probate has been ongoing for over a year now. There is one question that remains outstanding and I can't seem to obtain an answer from my Probate Attorney. He retired from the Broward County School System some time ago on a 25 year drop. At that time monies were given to Mr. Baird and put into a Valic Financial Account. I was told by my Probate Attorney that I am eligible for a 30% Elective Share as his spouse. We were married for 33 years before he passed away. I have two questions:
1. Is there a FL Statute that states what I am trying to convey to you?
2. Can I file a Motion to Compel to find out how much money is in this Valic Account? The Will left everything to our daughter?
Thanking you regarding this matter, I remain,
Bernadette Baird
Cell;(###) ###-####
WK:(###) ###-####
Submitted: 6 months ago.
Category: Legal
Expert:  Legalease replied 6 months ago.
Hello there Bernadette -- Can you answer the following questions for me so I can get you as accurate an answer as possible? -Has the probate proceeding at the court been concluded and closed or is it still open? -How many children did your husband have in addition to the daughter? -How many years were you married at the time of his death?-Were you mentioned at all in the will? Left anything? -Finally, are there any other assets in the estate than the VALIC account? -MARY

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