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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37017
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a widow, living in the state of Florida. My husband died

Customer Question

I am a widow, living in the state of Florida. My husband died March 1 of this year. We have 7 grown children. As a member of an electrical co-op my husband was entitled to what they call capital credits accrued from 1991 to 2015, the time that we lived in our home and were member of Talquin Electric. In order to receive the money from the credits I have to have all 7 of our children sign off on it and notarize the form releasing all claims to the credit check. All of our properties and proceeds from the sales of our homes, etc. went into an irrevocable trust. There was no will and I'm wondering if it's even necessary for my children to sign off on my receipt of those proceeds. It wouldn't be a problem if they all lived locally but they don't. They're scattered, in different cities and states plus some work out of town and are not able to leave work to have the papers notarized. I didn't think that legally the children would have a claim until after my deathand is this paper work necessary from a legal standpoint. I appreciate your taking the time to answer this question. Sandy Plante
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If husband was entitled to the credits personally, then those would be considered to be an asset of his estate. Since he had no will in place when he passed, state intestacy law would control who inherited those credits or the money from them. This would be you as his spouse and his children.
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So that is why the children would have sign off on something disclaiming and waiving any interest in the credits so that they could release them solely to you.
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Bot***** *****ne is that, unfortunately, you will have to have all the children sign off on the notarized waiver in order to receive the money from the credits...
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thanks
Barrister
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Customer: replied 2 years ago.
Thank you for your timely answer. I appreciate it.
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help any time even if the news wasn't great..
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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.
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thanks
Barrister