Legal Question in Wills and Trusts in Florida
My father past away natural causes Jan 25 2015. I have all the documents needs to send to MetLife group life insurance and well as his retirement funds. I am court appointed as the administrator. I'm ready to send the papers to get processed. My questions is since there's no beneficiaries listed on none of his accounts. By court I am next of kin and have my certificate as administrator. Now even if I place my brother on the paper work I'm sending for processing will he still be included in the funds being divided in half, although he is incarcerated until 2018 and has no access to fill paper work out. What happens? How can I go about filling the paper work out, should I add him although he's not a benefited and he's incarcerated? By law I believe I still must add him, but just asking incase there's another way to go about this. My father left no will either. No desi's, etc... My father doesn't own nothing. Just has a retirement account and life insurance. I'm ready to process the paper work. Just need advice.
2 Answers from Attorneys
If there are no beneficiaries on a life policy and retirement funds, than the funds get paid to the Estate. They are distributed through the Estate to the appropriate beneficiaries through a will or intestate if no will. If you have been appointed as the personal representative you marshal the assets and get them paid to the Estate restrictive depository. Don't you have an attorney handling the Estate for you? You need to consult with that attorney.
I don't believe you are the administrator. In Florida you MUST have an attorney to probate the estate. IF the funds are over $10,000.00 you can not do an Administration of his estate.
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