Legal Question in Wills and Trusts in Florida
collect deceased daughters assets
my daughter died at age 40 last month of luekemia. she had no will. she was a resident of florida for the past 25 years. what form do i need to claim the assets - no property, no car, no debts -- money market and one ira. she had no death insurance and we paid her funeral (over $10,000). her assets are not much more than that. i was told just get an affidavit of small estate and that the amount in florida is either 20,000 or 50,000 - how much is it?
Thank you for any help i can get.
1 Answer from Attorneys
Re: collect deceased daughters assets
I believe what you are referring to is the exemption amount from creditors. Meaning a certain amount can not be taken away to pay creditors. For example, up to $10,000.00 in household furnishings and up to $1,000.00 in personal property. You can file the Petition for disposition of personal property without administration. It would help if there are no creditors or that they would be paid since you are referring to an account of approximately $10,000.00. However, you should not have a problem since the amount in the account will pay for the funeral bill.