Legal Question in Wills and Trusts in Florida
In July 2010 my father passed away VERY suddenly in OK while visiting my younger brother who is in the USAF. A week or two before he went up there he had contacted me asking me for my SS # which I called him the nite before he was heading up there to ask why he needed it and give him the info he asked for, he was in a hurry, told me he would get with me when he got back, that was the last conversation I had with my father. I spoke with my g/f about why he would want my info and she reminded me that he had started a new job and it was most likely for life insurance info and we left it at that......The short of the story is after he was EMS to the ER up in OK he remained stable for a day or 2 and the day they were taking him in to do a QUADRUPLE HEART BY PASS he had a major heart attack, remained of life support for 2 days and never came back. Before the surgery he told my younger brother that he had just submitted the paperwork for his life insurance thru his work and he never got my info on the paperwork and told him if anything happened it was to be split down the middle and as I'm sure you have already figured out the entire check is hanging on my brothers fridge in OK AND I am being told by him and his new wife, who he has known for not even a year and suddenly married before we even burried my father, that they will get it to me when they feel like it, other times they tell me I'm not getting it and so the story goes...ALL of my family know what he was told and perhaps he is correct, maybe I'm not entitled to ANY of it, but I'm not going down without some knowledge and a lawyer if need be....Do I even have a fighting chance...It makes me sick to think that his wife is more entitled to the last thing of my fathers then I................If anyone can PLEASE give me any advice I would be greatful,...the anwser cant be any worse then what I'm already facing..Thank you for your time...My father did not have a Will.................
1 Answer from Attorneys
Short of your brother following your father's wishes, you may be out of luck. The Dead Man's Statute prevents you from taking when you are not listed on the policy. However, if your father had no will, you are entitled to the remaining portion of his funds, house, car etc. I suggest you proceed with the probate and being in Florida you are qualified to be the personal representative. Further, if this check is hanging on the frig - are you sure it does not state that you are on the policy. Seems odd that he would just hang on to it and not cash it. I suggest you contact your father's employer - the policy may not be valid since it may be tied to having a policy for a period of time. Good luck.
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