Legal Question in Wills and Trusts in Florida

What is the process for claiming my fathers LTD benefit?

My father passed away this month. We found out his LTD is paying a death benefit. The criteria is surviving benefit left to his spouse or living children under age 25. He is divorced and we are over 25. The last paragrah says it will pay to the estate if we don't meet the above. How do I set up an estate after his death, and once estate is established how do I divide the estate between ''us'' his 3 children? How do I avoid an attorney as this would eat up the benefit?


Asked on 6/28/05, 5:18 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: What is the process for claiming my fathers LTD benefit?

Your father had an estate. The estate must be probated in order to pay creditors and distribute the assets to beneficiaries or heirs. If there was a will, the personnal representative named in the will needs to petition the local probate court to open an administration (to start the probate process). If there was no will, you can petition to be the representative yourself. The benefits you are talking about are part of the probate estate (added to his home, car, bank accounts, etc.). You really need to consult with a local attorney. Probate attorney fees are usually paid as a small percentage of the estate so it shouldn't "eat up the benefit." Once the probate court has determined that everything is okay (creditors paid, accurate accountings, etc.), the rest of the estate can be distributed to you and other heirs.

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Answered on 6/28/05, 6:00 am


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