Legal Question in Wills and Trusts in Florida

My father passed away in Sept 2010. He has lived in Florida for the past 20 years with his second wife. His will was 20 years old and had not been updated. the will named me and my siblings as executors. After his death his wife sent us a bunch of outstanding debts to settle, but there were no assets. She got everything in joint ownership, and just sent debts in his name only. He had a bank account in his name only, but we can not get any information, as she had power of attorney, and we believe she withdrew any funds that existed. We all live in CT. Do we need to file Probate papers???


Asked on 4/18/11, 2:28 pm

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

If your father has debts for which he was responsible but no assets with which such debts could be paid, there is no purpose for filing probate. If he had a joint bank checking account with his wife, it is not a probate asset, not included in his estate. Unless you can identify assets which he has or should have had, from which debts could be paid, and the residual distributed to beneficiaries, filing in probate serves no purpose. If creditors believe there are assets, they could assert their claim through probate court.

Read more
Answered on 4/18/11, 3:20 pm
Marc J. Soss Marc J. Soss, Esquire

What happened to you is unfortunately very common in second marriage situation. Fortunately you have no responsibility for his debts.Just ignore them.

Read more
Answered on 4/18/11, 6:56 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida