Legal Question in Wills and Trusts in Florida

Re: missing

My condolences on the passing of your Aunt.

Regarding the type of funeral, you must do the best you can to uphold her wishes to the best of your ability. If you have no written information, then you must just try your best to give her the funeral that she would have wanted.

About her property, you don't need a written will. If everyone is cooperative, you may allocate her property as you believe she would have wanted.

If people are uncooperative, then the law will give instructions on how the property shall be divided.

To find her property; look to life ins. policies, and/or where she kept important papers. Contact the banks where she had any accounts and see if she has a safety deposit box registered in her name. Look for business cards for life insurance companies, attorneys, etc. that may give you leads as to policies or wills/trusts she may have had. Check mail sent to her for statements. Also, cancelled checks will give information.

If a will is found, then someone will need to file for probate.

In the meantime, someone should be assigned to protect the assets that are found so others don't walk away with items that need to go through probate.

Not everything needs to go through probate. Probate is required for bank accounts, real estate, cars, and similar things. Probate is not required for personal items.

jewelery is complicated. Use your own judgmment to decide what has a largely 'financial' value and what is mostly sentimental in value. Costume jewelery is sentimental, diamonds are financial.

It is often complicated, but you may contact me for a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: missing

Firstly, my sympathies on the passing of your aunt. To answer your question, contact relatives in which your aunt had contacts to see if they know anything about a will, life ins. policies, and/or where she kept important papers. Contact the banks where she had any accounts and see if she has a safety deposit box registered in her name. Look for business cards for life insurance companies, attorneys, etc. that may give you leads as to policies or wills/trusts she may have had. Check mail sent to her for statements. Regardless if you find a will, someone will need to file for probate. In the meantime, someone should be assigned to protect the assets so others don't walk away with items that need to go through probate.

Should you have any questions or require further assistance, please do not hesitate to contact me via email or phone at (407) 353-4728.

Re: missing

SORRY FOR YOUR LOSS. DID SHE HAVE AN ATTORNEY OR AN ACCOUNTANT. IF SO, MAYBE THEY KNOW IF THERE IS A WILL OR WHERE IT MIGHT BE LOCATED. IF THERE IS NO WILL, THE CLOSEST RELATED LIVING RELATIVE IS ELIGIBLE TO BE APPOINTED TO REPRESENT THE ESTATE, AND CAN MAKE THE FUNERAL DECISION. ANY COSTS WILL BE REIMBURSED BY THE ESTATE. IF THERE IS NO WILL, THE ESTATE GOES THROUGH ADMINISTRATION, WHICH IS A FORM OF PROBATE, BUT WITHOUT A WILL. THE CLOSEST LIVING RELATIVE (SPOUSE, CHILD, PARENT, SISTER/BROTHER, NIECE/NEPHEW) IN THAT ORDER CAN QUALIFY. THEY GET AUTHORITY TO ACT FOR ESTATE, GET ASSETS, PAY BILLS (INCLUDING REIMBURSEMENT OF FUNERAL COSTS, PROBATE EXPENSES, ETC.) AND THEN DISTRIBUTE ASSETS TO PEOPLE ENTITLED (USING A FAMILY TREE SIMILAR TO THAT DESCRIBED FOR PROBATE QUALIFICATION). ANY ADDITIONAL QUESTIONS, WRITE ME DIRECTLY.

Re: missing

The funeral home will usually follow the instructions of the person(s) they believe to be the closest relative(s). If there is doubt, they will probably require that probate be initiated so they may deal with the Personal Representative of the estate (appointed by the probate judge). As far as finding a copy of the will, the previous answer covered that pretty well. If she had no assets, or no one has acces to them without probate, someone will have to step up to be financially responsible, or probate will have to be iniated (through a Florida attorney - need not be located where she lived), or her funeral will be handled by the local authorities as an indigent person. If there is no will, her assets will pass (after costs of administration, funeral expenses, and claim are paid)under Florida law to her next of kin, as determined by Florida law - if no spouse, then children, then parents, then siblings, and so forth.