Legal Question in Wills and Trusts in Florida

am I required to file a will into probate if all assets were beneficiaried? My father passed away 6 months ago and I didn't think it had to be filed. Everything was left to me. The only thing not beneficiaried were the contents of his home. I live in Fl.

Also my brother is deaf and signed over his rights to my fathers house to me 2 months before my father passed. These were my fathers wishes and done before he died. His nosey neighbor contacted an attorney who now says his rights were violated because he had no interpreter. Is this the case even though we were in a law office and he indicated he understood what he was signing?

My father had left my brother some cash and changed his mind in 2012 and changed it because of his fear of him blowing it. His nosey neighbor went through my fathers papers without my knowledge and came across an OLD form prior to the change. All life insurance and banking has been transfered to me already per his beneficiary forms he filed. Do i need to do anything more?

There were also 2 checking accounts that were joint between my father and I PRIOR to his death. I used some of these funds prior to his death to pay his bills and my own. Are these accounts considered estate property if they were joint?

I know this is long but I could use your advice.

Asked on 10/06/13, 6:09 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

If there were no assets for the estate, no probate is required.

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Answered on 10/07/13, 5:35 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Go to an attorney and review all your documents. If no assets were owned by decedent then no need to probate an Estate. Beneficiaried makes it sound like the Will is actually making the distributions. If that is the case a Probate is needed. Your nosey neighbor cannot change the plan that your father laid out. The title on the accounts matters to determine if they passed to you on his death. Again, seek legal help to make sure you are handling this all correctly. Sorry about your loss.

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Answered on 10/07/13, 6:57 am


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