Legal Question in Wills and Trusts in Florida
estate investment
My father passed and had an investment worth 42000.00. We were told by the investment firm this is not a DOT investment and has to go to probate. He also had a will stating that my mother inherits all assets. Everything but this one investment had a Beneficiary. What do I need to file in probate, there is no debt and no confusion to who who this money goes to.
3 Answers from Attorneys
Re: estate investment
You, or the named personal representative in the will,through a licensed attorney in the state where your father lived, must file what is known as formal probate administration.
If adminstration is in Florida, the personal representative must furnish to the courts, via his or her attorney, the original will, a list of inventory of the assets of the estate, names of all interested parties (meaning all heirs named in the will), and certain other documents in order to begin the process.
The administration process can be lengthy (minimum 4 months) but should not be that difficult if no one is contesting the will.
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Re: estate investment
You need to see an attorney regarding the adminstration of probate.
Re: estate investment
Your mother will need to have an attorney file for summary administration (a simplified type of probate). The court will admit the original will to probate and she will receive an order from the court transferring the account to her. Any probate attortney in Florida can help her with that. It should cost a maximum of $1000, including all court costs and fees.