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
2 Answers from Attorneys
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
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.