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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117370
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Rosenwasser. My Grandmother died in 1983 in Dade Co.

Customer Question

Rosenwasser. My Grandmother died in 1983 in Dade Co. Florida. There are some funds of the estate held by New York State. In order to get those funds my atty. says I need letters testamentary. How do I obtain that?
JA: Thanks. Can you give me any more details about your issue?
Customer: Now is where it gets a little complicated. When my grandmother died she had an account in the name of my grandfather's estate. New York state where I live has made it very difficult to recover the funds in that account. I realized I could not do it on my own. In fact her attorney who along with my brother were executors. The attorney at the time was unable to recover the funds. I had tried subsequently but could not wade through the legal process. I recently asked my attorney now if the funds could be recovered and he told me to get the death certificate which I have and the letters of administration which I don't. Sorry for the slow typing.
JA: OK got it. Last thing — Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In FL, since it has been so long since her death, their rules of probate require a attorney assist you on filing a petition for probate. You need to get a probate attorney specifically and they will have to file a petition for probate and get the letters of administration, because after this much time the judges will require court hearing to justify why no probate was completed at the time. So the court will have to issue the letters and FL rules of probate require a local probate attorney file it now to obtain them. The court will issue an order that you are entitled to the funds and you present that to NY State, who can require you to then open supplemental probate in the NY Surrogate court to get the order from FL approved to release the money.
Customer: replied 1 year ago.
How soon can you begin the process and how much will it cost? Are you able to practice in Florida? If I feel your fee is too much can I terminate our initial agreement? What is your name and can you provide your credentials?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Please reread the site terms you agreed to again, state law forbids any expert from this site from representing anyone from this site. I sincerely ***** ***** you had any confusion about that. You have to hire a local probate attorney in FL from one of the same sites used by other attorneys, or
Fees depend on how much money is left in the estate and generally are about 1%-5% of the total amount of money they are recovering, but it is up to each attorney to set their own fees and they will negotiate with you on that.