Legal Question in Wills and Trusts in Florida
My father died more than 20 years ago (1988). He did not have a will; however, everything was titled in both his and my mother's name. We did not probate his estate and now everything is in my mother's name. Florida Dept of Financial Services has $27.00 in his name. They want a probate court order identifying his heir(s) to release these funds. Will anything else work for my mother to collect as his sole heir?
2 Answers from Attorneys
Your mother is not his sole heir. Check Fla Stat. 732.101 et seq. which is Florida's intestacy law.
However, given how long ago it has been, you may want to consider a summary probate so that you can get your order for the state and re-form the deed on her home to remove him anyway to make title a bit cleaner. Summary is far cheaper than a Formal Administration. But there needs to be something more than $27 at stake. Otherwise, I can't think of anything that wouldn't cost you more than $27.
Try sending them his death certificate. It's not worth probating for $27.00.
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