Legal Question in Wills and Trusts in Florida

Executing a Will in Fla.

My sister is executor of my mothers will(died on Dec 2,1999. Mothers assets are bank account, an insurance police (amts unk) and a small live in trailer set up in campground($22K). Total assets are probably less than $40K. Has will, unknown if recorded. Can the will be executed by my sister without an attorney. Does the Court in Marion County need to be notified within a certian time period. Sister is an "or" on trailer title and bank accounts.

Asked on 12/05/99, 8:38 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law
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To Probate or Not to Probate; that is the Question!

Facts:My sister is executor of my mother's will. Mothers assets are: bank account,insurance policy small trailer in campground. Total assets less than $40K. Had will. Sister is an "or" on trailer title and bank accounts.

Q.Can the will be executed by my sister without an attorney? Does the Court need to be notified within a certian time period?

A. The law requires a "Will" to be filed for safe keeping within 10 days. It is either free or less than $5.00. This is not filing for probate; just safe keeping. It doesn't sound like a probate will be necessary if everything is held in "or" with your sister's name. The insurance will pay to the named beneficiary by contract. The bank accts. will do likewise; and so will the trailer.

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12/07/99, 4:16 pm

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