My mother died last month. I am her executrix of her will and the trustee for her revocable living trust
. She lived in Florida and owned a house. I filed her will at circuit court and I filled a quit claim deed as well (property equally divided between my brother and me). I was told that I need to open an estate
account in her name (I already have a checking account where I am joint with her). But I was told I need a letter of testamentary
in order to do that. How can I get this letter (with the living trust
I was told I don't need to go thru probate
) in order to open the estate account. I was told my the surrogate court in NY (where I live) that I would have to get a letter from Florida first and then get an ancillary letter for NY in order to open her estate account in NY.
JA: Since laws vary from place to place, what state is this in?
Customer: The state is Florida. I live in NY.
JA: Have you talked to a lawyer yet?
Customer: No, my mother had a lawyer that prepared all the documents but when I tried to talk to her she sent me a letter saying she wouldn't talk to me without paying her money up front. Which is what I had intended to do ... But the letter put me off ... And since then I've found out she was not recommended.
JA: Anything else you think the lawyer should know?
Customer: There is no contention about the distributions to the beneficiaries of the will ... I'm just trying to get thru the process. We had thought having the living trust and all the paperwork would make this easier. Doesn't seem so.