Legal Question in Wills and Trusts in Florida

Re: Conflicts over execution of a will

First of all I would like to say that I am very sorry for your loss. Unfortunately you are going through such a difficult time and your step-father isn't making it any easier. My experience with IRA's is that the beneficiary is stated on the bank document. Therefore, go to the bank or write to the bank where the IRA is located and inform them of your mother's passing. Include a certified copy of her death certificate. Give them your name and your brother's name. If the two of you are the beneficiaries you will then be able to close out that IRA without dealing with your step or go through probate. Now if the IRA does not state you are beneficiaries and there are no beneficiaries listed then you need to rely on the will and it must go through probate. Anytime someone has an asset in their name only it must go through probate unless there is a trust. If you need to rely on the will then you can begin the proceedings without your step. Bring the ORIGINAL will and a ORIGINAL certified copy of your

mother's death certificate to a probate attorney to begin this process. The cost to probate the estate can come from her estate and you will not need to pay anything. Do not waste any time. I handle this area of law and if I can be of further assistance please feel free to contact me. Melody Stickel-Martinez, Esq. (954) 437-5968