Legal Question in Wills and Trusts in Florida

Re: Mom's Will - 3 surviving sons

1. It is supposed to be filed immediately.

2. You should notify the bank if there was direct deposit. They are required to return any checks received that are improper. If her checks were not direct deposit, do not cash or deposit any you have now, contact social security and ask them. You'll have to return any improper checks.

3. The estate will need to be probated before any sale or transfer can be done. If the main asset is the condo, a fairly simple and quick proceedure is available. If the FMV is $150,000, a fair buyout could be $50,000 or a little less.

The property would be able to be sold within a few weeks if it is the main asset. Otherwise, it could be perhaps 6 weeks.

4. What does the will say? If it goes to all 3, the answer would be yes unless by agreement the 3 of you want to do something else. The beneficiaries can basically do whatever they want as long as they agree.

6. When you advise the insurance company of her death, they'll cancel the insurance. Tags are not transferrable in Florida. New owner gets new tags. If someone uninsured is driving the car, it is a problem unless they are covered by their own insurance company.

6. The other brothers can do nothing at this time.

Yours is not a complex problem but it can become a problem. Nothing will change or can be done until papers are filed with the court.

Filing of the will itself does nothing. Some form of probate proceeding must be filed to allow action on the condo.