Legal Question in Wills and Trusts in Florida

Brother

My brother died leaving no will. I am his only surviving relative of the immediate family. Never married, no children. Only property is an 1988 truck and approx. $1100 in checking and savings, some tools and his household belongings. Does this small amount need to go thru probate? Is there anyway I can get to his accounts, so I may be able to pay for cremation and left over utility bills, without going thru the probate process? I am disable and on fixed income to be able to afford this myself. Thank you for any direction you can advise.


Asked on 1/17/06, 4:44 pm

2 Answers from Attorneys
Frederick Graves Jurisdictionary

Re: Brother

Check with your local court clerk. There may be a summary administration procedure for the small estate. Be wary of lawyers, however.

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Answered on 1/18/06, 4:30 am
Kelly Henderson

Re: Brother

If the truck was titled in his name alone then you will need probate to transfer title. Likewise, if there was no beneficiary listed on the bank accounts probate will be needed to get at those funds. Chances are you will need to retain an attorney to assit you because most, if not all, Florida Probate Courts will require an attorney sign off on your probate petition. There may be a legal aid program in you area that can assist on a reduced rate. I would be happy to dicuss my fees with you if you call or send me an e-mail.

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Answered on 1/18/06, 8:57 am


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