Legal Question in Wills and Trusts in Florida

Florida-Will/I am Personal Rep/Sole Beneficiary/R.E. bypasses Probate/Only debt 3 credit cards w/very small balances on 2, 0 on third- going to pay today & ask for letters on debts pd. Decedent 91 yrs old; Small bank acct well under $10k; Problem: Bank denying me as Beneficiary-said "none" & I KNOW I am. Seems only recourse Summary Admin. Live in Fl Keys. Haven't found atty under $2500 plus cost of Notice to Creditors, etc. Have to do myself!!! Researching!! Question: Can I sue Bank for Probate costs & can it be done in Small Claims or ??? PLEASE. I have searched endlessly for this answer & cannot find it - even in Fl. Statutes so I hope someone can help and I'll thank you here for your consideration.


Asked on 1/23/15, 5:42 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can find an attorney who will do the probate for less. Try a little harder. What are you going to sue the bank over? Failing to have the beneficiary ? If they don't have the paperwork they win and you lose and lose 500 in costs in the process. Besides if the claim is for 10000 what good does a small

Claims case do you ? Seek some advice with all your paperwork from another attorney.

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Answered on 1/23/15, 9:41 pm


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