Legal Question in Wills and Trusts in Florida

Cashing an estate check from Home Insurance company mailed to my address.

Volusia Florida probate has been closed. I am the beneficiary of the decedents home and hold the deed to the estate. The decedents home insurance was cancelled and I purchased home insurance in my name. What is the obligation of the personal assistant and/or estate lawyer to cash the check and send me a check in my name for the total amount since I held all obligations on the home? Would there be a fee involved? For reasons to long to explain I do not trust the personal assistant or lawyer. What does the law require them to do in this case? I was told the insurance company would not send me a Release of Liability. The check is over 5K. I am the successor in interest. Thank-you.

Asked on 1/21/20, 1:14 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your question is missing important legal details. Check made payable to the Estate must be deposited in an Estate account. Did you ever have such an account? If so, you may need to get an order opening a new one and then an order of disbursement. This would take approximately 10 hours of attorney's time, probably less, but that is an outside estimate. You would need to hire a new probate attorney to accomplish this if your original one is no longer in favor. This also means the new attorney may find issues which were not dealt with and need to be dealt with now. You need to conference a new attorney with all the actual facts.

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Answered on 1/21/20, 1:53 pm

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