Legal Question in Wills and Trusts in Florida

Probate/intestate

My mother died 2 1/2 years ago without a will. She had a bank acct, and a 401(k); and some unpaid wages. There are two heirs, and my sibling is willing to sign his rights over to me so that I can claim the money. I don't think that she had a lot of debt. She sold the house to my sibling; credit card debt would be very minimal; had health insurance that paid for the cancer treatment and such prior to her death. What is my best bet? I don't even know where to start.


Asked on 2/08/08, 10:57 am

3 Answers from Attorneys
Kelly Henderson

Re: Probate/intestate

Your sibling can sign over his rights to you. My web site at www.flprobate.com answers many common questions but I think you need to talk to an attorney about this.

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Answered on 2/08/08, 11:14 am
David Ellis david Robert Ellis, P.A.

Re: Probate/intestate

You need to speak with an attorney to get this resolved. The creditors should not be an issue given the time that has passed since your mother's death. Also, check to see if there is there a beneficiary listed on the 401(k).

Good Luck,

David Ellis

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Answered on 2/08/08, 11:43 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: Probate/intestate

Since creditors are wiped out two years after death, they should not be a problem. Since you and your brother are in agreement, this could be handled through a Summary Probate, and the total cost should not exceed $1000. You will need an attorney to prepare the various paperwork for you, which will be filed in the county of her residence. Any Florida attorney can asist you in this.

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Answered on 2/08/08, 12:10 pm


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