Legal Question in Wills and Trusts in Florida
My father died and left me as executor of his will. Before he died he advised me that he had two accounts that was joint with my brother because he was blind. One account had a balance of approx $50K and the other approx $100k, and a house. Since I lived abroad, I just went about dividing the money per the will $15K for each of my two brothers and two sisters, $30K for my other brother, the house is to be divided in equal parts between my brother and sister. Everything else goes to me. I was told that I needed to Probate the Will, is it too late to do that now. The house still have to be transferred and i need to have the balances of his accounts transferred in my name.
3 Answers from Attorneys
No, it is not too late. You must go through probate to be appointed personal fiduciary, pay creditors and have authority to convey title to the house.
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You may have jumped the gun somewhat - if the accounts were joint in your brother's name, then those funds belong to him. secondly, yes it must be probated since there is property involved. YOu will want to have the property homesteaded so that the tax basis will be less. If I can be of assistance please contact my office for an appointment.