Legal Question in Wills and Trusts in Florida
my husband passed away 2 weeks ago - he had minimal assets and no bank accounts- the company has issued his last paycheck small 401k to the estate- I paid for the burial on a credit card- How do I handle these 2 items? one bank said death certificate and a letter of administration- what is my next step?
3 Answers from Attorneys
You need to file a probate to clear the paycheck and 401K if no beneficiary named on the 401K. You should contact a probate attorney. Sorry for your loss.
If less than $75,000 in assets a Summary Administration can be done. You can contact the Probate Dept of your County Clerk, but they will require an attorney to process the paper work. Good luck.
If your 401K and paycheck are less than $6,000.00 and your funeral expenses have been paid, you can file a Disposition without Administration - the court will issue a letter to the employer to release the funds to you. Call me if I can be of assistance to you.
So sorry for your loss.
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