Legal Question in Wills and Trusts in Florida

Re: Brother died left insurance policy, beneficary has died

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.

You do not need to go through probate but your brother's estate does if you want to be able to collect on his insurance policy.

You are able to file a Summary Administration that is in effect a simplied estate. The cost to file varies with each attorney. I suggest that you call around and get some quotes. The filing fee will be the same regardless of whom files the estate on your behalf. I cannot speak for other attorneys, but if all beneficiaries are alive and all necessary information is provided to me by the family, this estate would cost less than $1,000.00 in my office to file and probate. Unfortunately, it takes as much work to file an estate for $5,200.00 as it does for an estate with assets of $52,000.00.

Scott R. Jay, Esq., 305-249-8000