Legal Question in Wills and Trusts in Florida
In Florida when someone dies with out a will but does leave a statement for a neighbor to inherit his property get the case to a probate court. A friend died on 10/02/2009 without a will but did leave a letter for a neighbor to inherit his trailer/truck and personal effects in the trailer and sheds. Lot in trailer park. He thought he was divorced. The hospital was able to locate his wife and son out of state. They did not give the neighbor or myself contact information for the wife and son HIPPA. HIs wife he has not seen in 22 years did not want us to have her information. Therefore she does not know about truck or trailer. She did not claim his body or make arrangements for his funeral. Body still at funeral home cremeated but not paid for. Can probate force the hospital to give them the wife and sons name to contact them this has to be handled. The deceased did not want anything to do with his what he though was his exwife or his son.
4 Answers from Attorneys
A letter does not entitle anyone to inherit if not legally witnessed and notarized in the STate of Florida. Therefore, it is presumed that the gentleman died without a will. The estate will be devised according to inheritance laws of this state.
AS to HIPPA: Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. This is intended to help people keep their information private, though in practice it is normal for providers and health insurance plans to require the waiver of HIPAA rights as a condition of service.
There is no reason the hospital could not have given the name and address of the wife. If they refuse to release the information, then write this person a letter and have the hospital review it - and ask that they forward so that this man can be buried at the very least.
Otherwise, you may have to hire an attorney to handle this for you. Anyone 18 years or older, and a Florida resident can probate this estate. The PR will be reimbursed for charges from the estate.
The story you tell is sad for a lot of reasons. However, his wife and child are the beneficiaries of everything. You are not, nor are the neighbors etc. unless the statement that the deceased made qualifies as a will, being appropriately witnessed etc. Since I am sure that it wasn't, or you would have already moved forward, then you just have to move on. Unfortunately, your friend did not get a divorce. He could have, and perhaps should have, but didn't. He made a choice. Now you get to make a choice, and you can do the right thing, and notify the wife and child, or not, that is up to you. Also, don't say you can't find her - if the hospital found her that easily, you can also.
I am so sorry to hear of this. A letter is not the same as a will. The estate will be probated, regardless, but his estate will probably go to his next of kin according to the state's laws (intestacy statute). You can submit the letter for review by the probate court. I have a recent blog post on Probate Basics available at my website: www.floridawillmaker.com. Regards,
A letter is not a will and if he was still legally married, the wife will inherit.
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