Legal Question in Wills and Trusts in Florida

My father passed away in 2005 he had no real estate in his name or vehicle.

He lived with me (Florida) at the time he passed away. I am an only child

there are no other heirs.

I was advised to do a Disposition of Personal Property W/O Administration

at that time which I did. At that time what was non exempt was money back

from Allstate for 138.09 , Citizen Auto Finance refund for 184.09 for a car he

put in my name before he passed awat and that I paid off (so refund was actually

from my payoff submitted). Bank Account (joint account $78.08). And

a refund from a separate entity for $1697.25.

We filed the paperwork and it was processed through the Clerk of Courts and

closed Dec. 2nd 2005. Just recently we found out there were unclaimed

monies for some very old life shares of stocks. This money would be a god

send as right now things are very tough.

This was located through Florida gov treasure hunt a website listing unclaimed

monies. We completed all the paperwork and submitted everything we are

now being told after review that we need a summary of administration.

However I want to stress I did not submit the order of disposition of property

w/o administration. Can they make me go back a do that as to be honest

I do not have $1200 or $1500 to do that. The amount for these shares

is $5300.00.

Please help.

Donna


Asked on 7/07/11, 6:18 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the described facts, you may file a summary administration because of the nature and amount of your father's assets. You are advised to contact an attorney to do it properly and represent the matter in probate. If the shares involve unclaimed property in the state of Florida, you will need to be able to prove your right to the property through a summary administration process which is relatively quick and without significant expense. Not certain your meaning of "life shares of stocks," however, it appears that your father did not designate a beneficiary or there would be no need for a summary administration.

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Answered on 7/07/11, 7:29 pm
Lucreita Becude Lucreita D. Becude, P.A.

Having done many stock transfers, try working with the company first. Explain that probate was not done as there was no real estate property and therefore not required. That you have the death certificate and can do a heirs affidavit and forward to them.

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Answered on 7/08/11, 5:58 am


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