Legal Question in Wills and Trusts in Florida
My dad recently passed away, and had no money or assets other than his home (of which I'm on title), and his last social security check in the bank. There is no will either. How does this affect the estate? And how does the State know of the estate?
4 Answers from Attorneys
Since he had no assets, no need to process estate.
If his bank account is in his name alone, you may need to probate and Estate to clear that asset. If the house is titled as survivors you don't necessarily need any Estate to be filed to clear title, just record a certified copy of his death certificate. The State only learns about an Estate when a tax return or non taxable certificate is requested. Seek some legal advice. Sorry for your loss
It would be wise to let the bank know of your dad's death. The social security check will have to be returned.
The bank will take care of it. Any other funds you will need to be 1. on the account with him or 2. be the beneficiary listed at the bank or 3. you will need to do a Disposition of Administration to obtain the funds unless the bank allows a death certificate and proof that you are the only heir.
I am sorry for your loss. I would recommend that you consult with a probate attorney to go over everything with you. Many times people overlook certain things to consider. For instance, it depends how the house is titled whether it can pass directly to you without probate. If the property is not titled as right of survivorship, probate will be needed to distribute his interest in the property. In addition to the bank account, do you know if your father had any life insurance policies? If there turns out to be assets subject to probate, and there are multiple heirs, Florida law requires an attorney to handle the administration of the probate. If probate is needed in this situation, it sounds like you may be able to file for a small estate administration (Summary Administration if the interest in the house is subject to probate or Disposition of Personal Property Without Administration if the house is not subject to probate). However, you question cannot be fully answered without an attorney verifying all the facts.
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