Legal Question in Wills and Trusts in Florida

My daughter died recently in a car accident the insurance company sent a check to estate. She had no will or assets. I have legal custody of her two minor children. Can I cash the estate check which is $10.000


Asked on 4/01/15, 11:59 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You really need an attorney to assist you. Someone would need to see the check. If made payable to her Estate, you likely need to form a probate. How were you appointed custodian for the children? You may need a guardianship for that purpose as well. Sorry to have to suggest additional bureaucratic steps, but it will protect you in the long run. sorry for your loss

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Answered on 4/02/15, 10:48 am

I agree with Mr. Stein. If the estate is small and does not consist of any real property (house, land, etc.), then it may qualify for a Disposition of Personal Property without Administration--a less formal and less expensive process in lieu of probate administration.

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Answered on 4/04/15, 7:05 pm


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