Legal Question in Wills and Trusts in Florida

My dad died and had really no assets. I received two checks in the mail payable to his estate so I contacted the clerk of court that said since the total was less than $75000 I could file a petition for summary administration. I received the summary administration order back signed and approved by the judge. I went to the bank and opened an account for the estate and deposited the checks. Then just as I stated in the summary petition I gave half to my brother and took out the other half myself. Now a few days after the fact, a friend of mine asked me if I had to provide a letter of authorization to open the account. I did not and the bank did not ask for it. She said that the bank could come back and say that I was not authorized to open the account and cash the checks. Is this something that they could do? And if they do that what would happen? As I said I gave them a copy of my petition and the summary administration order but they didn't ask for anything else and I am no even sure what a letter of authorization is or how to obtain one. Thank you.

Asked on 3/08/15, 7:09 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

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RESPONSE TO THIS POST DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP:

Is your "friend" an attorney? If so ask her. If not, don't take legal advice from people who are not lawyers.

Every circumstance is different and listening to non-lawyers (even ones who "know a lot about the law") can be dangerous and at the very least stressful on you.

Without knowing your jurisdiction, the facts surrounding the probate or any specifics about your case it would be impossible to give you any relevant advice other than to present your situation to an experienced probate attorney.

With that said, the "letter" your friend referred to is generally called "Letters of Administration" and they aren't typically issued in SUMMARY ADMINISTRATIONS. The letters of administration give the "Personal Representative" the authority to act on behalf of the estate/deceased in matters related to probate and finance. There is a pretty good chance the bank knew what they were doing when they accepted the Order from the court and cleared the funds through their system. Especially if the checks were made out to the ESTATE OF:________

Good luck.

Answered on 3/09/15, 6:43 am

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