Legal Question in Wills and Trusts in Florida

Deceased Husband

My husband die over a year ago and he did not had a will or any legal document. Now I am trying to transfer a IRA account fom his name to my name and the agent needs an executive estate in order to transfer this to my name.What can I do?

Asked on 7/26/07, 1:43 pm

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Deceased Husband

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Check with the bank to find out if you were designated as the beneficiary of your husband's IRA. If he did, then all you have to do is provide the bank with a certified copy of his death certificate and your photo identification and they should pay you immediately.

If not, it will be necessary to file an estate for your husband. Whether it will be summary or formal will depend on the value of his estate. You will need to hire a probate attorney to assist you in filing the pleadings. It should be finished in a relatively short period of time.

Scott R. Jay, Esq.

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Answered on 8/09/07, 12:37 am

Frank J. Pyle Probate Attorney Throughout Florida

Re: Deceased Husband

I sounds like he had no live beneficiary listed on the IRA. If that is the case, you will have to probate his estate, either a formal probate or a summary probate, depending on several factors, such as the size of the estate, whether he had creditors who have not been paid, and whether his children (if any) are cooperative. You need to consult with a Florida probate attorney to sort it out and determine the easiest (and cheapest) way to handle it.

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Answered on 7/26/07, 2:09 pm
David Ellis david Robert Ellis, P.A.

Re: Deceased Husband

If your husband did not list a beneficiary on his IRA, you will have to probate his estate in order to receive the IRA. The exact process required will depend on the value of his IRA, as well as any other assets owned solely by him and any debts he had.

I would be happy to give you a free consultation if you would like.

Best wishes.

David Robert Ellis

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Answered on 7/26/07, 2:44 pm
David Slater David P. Slater, Esq.

Re: Deceased Husband

If you are tne named beneficiary, you are entitled to the funds. If not, the amount involved will determine the type of probate you need. Good luck.

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Answered on 7/26/07, 3:43 pm

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