Legal Question in Wills and Trusts in Florida

Why do I have to file probate papers

When my grandmother passed, all of her assets were titled right of survivor with my uncle. We haven't probated the will because we didn't see a need, but, her employer will not release her retirement benefit of about $500 without probate papers? What to do? Shouldn't a death cert. and will do it? Do we have to probate the will just for this? Thanks


Asked on 1/20/01, 10:33 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Why do I have to file probate papers

Since she has an asset (retirement benefit) titled in her name only, you will have to file probate. The good new is that you can file for disposition of personal property. Short and inexpensive. The court in Broward County charges $35.00 to file the Petition and the Order. The other fee would be for the attorney for the consultation, preparation and filing of the required documents. My fee would be $250.00, if you would like me to handle this for you. Unfortunately, you would than only collect $215.00 for your efforts.

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Answered on 2/14/01, 11:41 am


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