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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Younger brother died in las vegas,he lived there fro18 mo. I

Customer Question

younger brother died in las vegas,he lived there fro18 mo. I am his older sister next of kin.. guadians in vegas sent me his belongings.. and an estate chck made out to the estate .. there is none<I called clay court house they ARE AS MIXED UP AS I.. HE LIVED IN FLA,WORKED IN FL,,THEN WENT TO VEGAS ..ANDGOT ILL AND PASSED . COURT HERE THINKS IT HAS TO BE RELEASED IN VEGAS??NOT FLORIDA
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I AM IN FLORIDA HE DIED IN LAS VEGAS.. I AM NEXT OF KIN SO THEY SENT ME ALL,, AND AN ESTATE CHECK, TO SPLIT UP WITH MY SISTER WE ARE 80 YRS OLD??
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO AND THANK TOU JOAN MEYERS
Submitted: 19 days ago.
Category: Legal
Expert:  Dwayne B. replied 19 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 19 days ago.

Is there a specific question with which I could assist?

Customer: replied 19 days ago.
that is the question>>> how cqan we cash anestae chexck .. without probate ..3,000.00 that's a question
Expert:  Dwayne B. replied 19 days ago.

The answer is you can't. You either have to have the check reissued in your names or you have to file for some kind of probate. That is in any state, whether it be Florida or Nevada.

There are a number of ways to file for probate, not all of them are as complicated as a full probate. Obviously, $3000 isn't enough to justify a full probate but you can get a local lawyer to assist you with one of the more informal ways such as an affidavit of heirship. You can also get a place like Legalzoom.com to prepare the paperwork for you and then you file it. However, that requires quite a bit of knowledge on your part to follow through on filing the documents and getting the judge to sign the order.

The probate can be filed where he lived prior to his death or where he had substantial property. Based on the facts you gave it sounds like FL would be a better location as far as you are concerned.

Did your brother own any property (real estate, sticks, bonds, bank accounts, etc) of any kind or owe any debts?

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