Legal Question in Wills and Trusts in Florida
Determination of Beneficiary form
How can I obtain a 'Determination of Beneficiary' form for purposes of obtaining pension benefits for son of deceased mother.
1 Answer from Attorneys
Re: Determination of Beneficiary form
A Determination Of Beneficiaries is an Order signed by a circuit judge. To obtain one, a Petition would be filed (along with a filing fee)with the clerk of the circuit court in the county where the decedent resided. Once it is filed, along with whatever consents, waivers, and affidavits the petitioner feels the probate judge would require in order to hear the matter and to make the determination,a hearing would take place before the judge. Once the Order is signed by the judge, certified copies of the Order would then be available from the clerk of the court at a nominal charge. Although an individual could possibly handle this without an attorney, in order to properly prepare the Petition, Order and other documents, to file them, and to have the Order approved by a judge, I strongly recommend an attorney handle the matter. It should not be a major expense.