Legal Question in Wills and Trusts in Florida

reopened summary administration

After 15 years my late husband is receiving a settlement. Have order amending summary administration. I am the sole heir. The check will be made out to the estate of. Showed all the papers to my bank as I wanted to open an account in the Estate of. They want a letter of Administration. This is not a formal Administration. I have the tax id no. W-9 form. What do you suggest? This is the bank that has my account for years.


Asked on 8/06/07, 1:16 am

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: reopened summary administration

A tax ID number (EIN) is easily obtained from IRS with a Form W-4 (or any accountant or attorney can apply for you), and a W-9 is a simple form available from the IRS. I suggest you also furnish them with a certified copy of the Order (which I assume does direct distribution to you of the account in question), his death certificate, and a copy of the Florida Statute on Summary Administration. You may need to work your way up the supervisory ladder at the bank before they finally realize that you have all you need.

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Answered on 8/06/07, 8:56 am
Scott R. Jay Law Offices of Scott R. Jay

Re: reopened summary administration

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.

If the Amended Order of Summary Administration gave the proceeds of this settlement to you, they should be able to make the check payable directly to you without your having to open an estate account. Letters of Administration will only be issued in a formal administration and not in a summary. You should have your attorney speak with the party who is making the payment to clear this matter up.

Scott R. Jay, Esq.

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Answered on 8/07/07, 2:48 am


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