Legal Question in Wills and Trusts in Florida
My mother is passing and did not leave a will. She has limited assets with 4 siblings, myself being the oldest. As far as any material items...a used automobile, bank account, and small jewelry. Assuming there less than 20k in total assets, what is the first step, since I am the 1st born, that must be done to access any of her possessions?
3 Answers from Attorneys
If she is sole owner, a Small Estate Proceeding is the way to go. Your Court may have the forms to use.
As the oldest that does not entitle you to all her assets. You have to split what she has with your other siblings. You can do a summary administration .
if she is still alive, you can transfer assets into your siblings names now if she is competent. add names as signators of transferees on death to the bank account. create a will with a separate writing for the distribution of jewelry. you don't have to wait until death to deal with it if she is competent now. if not, an Estate will need to be probated to clear title to assets and transfer funds from any bank accounts. Sorry for your impending loss.
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