Legal Question in Wills and Trusts in Florida

My only brother passed away in Florida. He designated me as the executor of his will. I am the only living sibling in our family. Along with his other assets he had a retirement account (401) with BP America. I was told that since he did not designate a beneficiary for his retirement account it must go into his estate to be distributed. As the only living sibling would it be worth my time to challenge the will.


Asked on 8/03/17, 7:57 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Does the will leave his assets to you? If so, why challenge it. In any event, there iss no indication from your question that there are any grounds to challenge the will.

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Answered on 8/03/17, 8:12 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

huh? you are personal representative in the will. who gets the assets? why challenge will unless you are not designated as beneficiary. even if you are not, it would need to be assessed. retirement account requires the estate to be probated. hire an attorney

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Answered on 8/03/17, 8:29 am


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