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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33547
Experience:  30 years experience in the practice of estate law.
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Because of your great help before I am back with new questions.This

This answer was rated:

Because of your great help before I am back with new questions.This is in the estate law category,I'm sure.

What's happening is that I am now playing games with the bank.Without the proper forms I can't even be told who the beneficiary (ies) is or are.It's neither of the two that was expected So I'm wondering if it is our mother that is named.

Now our mother died in 2005 and procrastination is one of my brothers strong characteristics.I had power of attorney and was executor for her.When I studied probate for the role of executor,I read that,in Florida, if Everything could be kept out of probate for two years it did not have to go through probate.So I methodically paid what had to be (with my own money) and cleared other debts until she owed nothing to anybody and I never went through probate for anything.

The problem is,I can not find the forms,especially that pertaining to executor,that all living family signed at that time.My brothers death was so unexpected that we never got around to discussing such so I need to know which forms I need to show that I handled my mothers and that I am the last close member of our family.We have one grand- mother left and one half sister.

What form do I need to prepare? As it stands now all I can do is guess but there is no one else and the bank will only tell the named death beneficiary if they are or are not the beneficiary (which seems really stupid if you want my thoughts on it.

Please reply as soon as you can,

Lloyd Blankenship
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Before we begin, a bit more detail please.

How much money is in the account?

You may be required to file for probate and that will require local counsel in Florida.

Are there other assets in your late brother's estate?

Thank you.

Customer: replied 4 years ago.

I really don't know,as he didnt keep records himself,unless they are on his computer which is password XXXXX it seems from the last statement there's close to 20,000.00 spread among three accounts.

Thank you for the additional information.

Florida does not have a "small estate affidavit". There is a procedure call "Petition for Disposition Without Administration." It requires that the tangible personal property subject to probate not be worth more than the total of the funeral expenses and medical bills for the decedent's final 60 days. You have to provide a copy of the paid funeral bill in most counties, as well as copies of the medical bills. The filing fee is $231.00.

Summary Administration is the next probate procedure that is available if the decedent died more than 2 years ago or the total value of property subject to probate is less than $75,000.

If someone asks you for "letters of administration", that is only available as part of the formal probate administration process.

You will very likely need the assistance of local counsel for probate in Florida. Except for "disposition without administration" (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an attorney.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.


Loren and 4 other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

So the botXXXXX XXXXXne is find a lawyer?

Well, at the very least, have an initial consultation. There is no reason to have to learn as you go. I am happy to answer any questions you have, but this is one of those things that you will not be able to resolve on the internet because Florida probate requires a lawyer and no internet attorney can act as your lawyer.

I am here to assist you in any way I can.


Customer: replied 4 years ago.

OK,sir.Thank you very much for your prompt attention and interest.



You are very welcome.

I am here for you if you need further assistance.


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