Legal Question in Wills and Trusts in Florida

Deceased mother with no will

She had stocks, my sister & I were told that she had it set up to be divide evenly between the both of us, yet they claim that there are no beneficiaries. What do we do?


Asked on 3/03/07, 10:30 am

2 Answers from Attorneys

Re: Deceased mother with no will

Without a Will or any named beneficiaries, the assets would go to the children and the surviving spouse (if any)as required by statute.

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Answered on 3/04/07, 10:51 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Deceased mother with no will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If she failed to set up the stocks with a beneficiary, you will have no choice but to file a probate of her estate. You should meet with an attorney to complete the necessary pleadings to get it filed. One of you (or both) should serve as her personal representative. The Court will determine a fair distribution of the stock and any other assets.

Scott R. Jay, Esq.

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Answered on 3/04/07, 1:56 am


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