Legal Question in Wills and Trusts in Florida

I have to close my deceased mothers bank acct. She has only a couple hundred dollars in acct. I was told I had to get p-aper from court since my name is not on the acct. Do I get paper where I live or where she lived? What dept? What do I need for my own identity? I have her death certificate. She also has bills that wwwwill not get paid, what do I do about them?


Asked on 2/15/16, 8:09 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You actually have to probate an Estate or disposition of personal property to get the Order you need to disburse the funds. You will need certified copy of death certificate, paid funeral bills, and proof of payment of last medical expenses. It will cost you more than a couple of hundred dollars to file the case so decide whether it makes financial sense to expend those monies.

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Answered on 2/15/16, 8:21 am
Lucreita Becude Lucreita D. Becude, P.A.

IF the account balance is less than $800.00 you should be able to obtain the funds with a death certificate. If not, you will have to file a Disposition without Administration. It will cost 231.00 in filing fee and then the judge will issue an Order for the Bank to release the funds to you. You will need to file the PAID funeral bill. As to the bills in her name, contact these people and let them know that she is deceased and there of no funds in the estate in which to pay them. You are not responsible for her debts.

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Answered on 2/15/16, 8:43 am


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