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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2982
Experience:  Litigation Attorney with education focus on estate planning and tax
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I found out about 8 months ago that my father died. I found

Customer Question

I found out about 8 months ago that my father died. I found out on line and found he died
January 12, 2010 when I found out it had been 4 years + . We had not talked in 4 years because I had asked him for 2500.00 dollars I had loaned him in 2009 he also had 10 dollar gold certificates 2 of them anyway we argued because I wanted my stuff back.
my mother step brother and step mother did not know of this. My mother told me to never loan him anything I should have listened. My step mother and step brother didn't even let me know he died.They wont let me in the house .my father promised me al kinds of things but he was a dead beat dad I saw him yearly but always away from the house I'm entitled to part of his estate .They wont give me a picture.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
Was there a will that you know of?
Customer: replied 2 years ago.
No will they refuse me access to anything the only picture is from the obit that I got on line. I still cant believe I found he he died on the internet this has really messed with my head.
Customer: replied 2 years ago.
I need to know what to do too get my fair share of the house and property I am on disability and he took control of everything he had my address because I got my first birthday card after 40 years plus and have lived in the same address as has he.
im trying to finish school for gemology while my dad put him through school for engeneering like he said he was going to do for me he really just messed with my head all my life blaming me a 5 year old for his divorce and he didn't pay child support he just snuck over here to see me and promised me cars boats and really a lot of lies.
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Of course if there was a will, then the language from that will will control. Florida Intestate law provides that if there is a spouse and descendants from your father and that spouse, and the spouse has descendants from another relationship then the spouse inherits 1/2 of your intestate property and your father's descendants inherit 1/2 of your intestate property. If the estate was probated then you as a creditor would have a right to claim what is owed to you but under Florida law your mother is due everything in the estate. So you are right, you were due your portion of the estate (if there was any) you and any brothers or sisters of yours would split 1/2 of his estate. So unless you can somehow find there was a will then you probably didn't get your fair share unless the debts were more than the value of the estate. I would recommend speaking to your step mother and seeing if they can help you out with what is owed to you. Your first step is finding out if there was a probate, search the court records in the county that he died for a probate proceeding. You should be able to find a will if it was probated and there actually was a will. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Customer: replied 2 years ago.
it was not probated idid have a lawyer check on this and there has got to be some paper I can file they do have personal stuff of mine. I cant afford a lawyer ill do it myself if you could tell me what papers to get and fill out
Expert:  Christopher B, Esq replied 2 years ago.
If the estate has not been probated, you must be talking about a disposition of personal property without administration form. You fill this out when the deceased person leaves very little behind, this process lets someone who paid for the person’s final expenses—the funeral and expenses of the last illness—be reimbursed from the assets of the estate. (Fla. Stat. 735.301.)
It can be used only when:
(1) the deceased person did not leave any real estate, and
(2) the only assets are either exempt from creditors’ claims or don’t exceed the amount of final expenses.
To request reimbursement, you file a form called “Disposition of Personal Property Without Administration,” which is available from the clerk of the court and on many Florida circuit courts’ websites. There’s a small filing fee; call ahead or check the court’s website to find out the exact cost.
If not it is summary administration. This shortcut can be used by many Florida estates. It’s an option if either:
(1) the death occurred more than two years ago, OR
(2) the value of the probate estate—that’s all the property that would have to go through probate, so it excludes the nonprobate assets described above—is not more than $75,000.
To start this process, the person who was nominated in the will to be executor, or anyone who inherits property, files a document called a Petition for Summary Administration. The surviving spouse, if any, must sign and verify the petition. If any beneficiary doesn’t sign the petition, you must formally deliver (serve) that person with notice that you have filed the petition. (Fla. Stat. 735.201.)
In the petition, you state that the estate qualifies for summary administration, list the deceased person’s assets and their value, and state who inherits which assets.
The court doesn’t appoint a personal representative (executor or administrator) for the estate. Instead, the court, if it determines that the estate qualifies for summary administration, issues an order, releasing the property to the people who inherit it. You might use this court order to show a bank, for example, that you are the rightful inheritor of the funds in an account it holds.
Customer: replied 2 years ago.
They had property valued at over 200.000 house several cars airboats a plain very expensive machinery and a $10 LARGE NOTE DATED1918 OR1919 THAT MY GRANDFATHER GAVE ME MY MOMS FATHER. ALSO $2500.00 IN CASH I loaned
hin8 years ago after a settlement please give the list of papers to fill out I guess ill do this myself tank you very much please wish me luck.
Expert:  Christopher B, Esq replied 2 years ago.
Here is a site that provides forms fr a small fee: http://www.uslegalforms.com/fl/FL-ET30.htm?auslf=flcourtforms
Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.