Legal Question in Wills and Trusts in Florida

No Estate

50 yr old divorced brother w no children died with no will. Social Security paid out, life ins paid,to our parents but there are stocks and a 401K. The employer says we need to set up an estate. Without knowing how much money is involved we are reluctant to put out the $2000.00 amt being quoted. He lived in NY at the time of his death, his employment was out of NY, but I belive his legal residency was Fl. What do we do from this point.

Thank You.

J


Asked on 5/29/04, 10:02 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: No Estate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

You have raised several questions while providing minimal information and there are probably many more questions that you may not even be aware of. This is not the type of question that can be answered in one or two short paragraphs and thus does not lend itself to be adequately resolved in this forum.

When did your brother die? Did his 401K have a named beneficiary? If so, who is it? Does he have other probatable assets?

An estate will have to be filed but these questions must be discussed first. The cost of an attorney is negotiable and should not be prohibitive. Most attorneys will allow an initial consultation for either free or at a low cost.

I strongly suggest that you consult with a qualified Florida attorney. Good luck.

Scott R. Jay, Esq.

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Answered on 5/29/04, 11:07 pm


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