Legal Question in Wills and Trusts in Florida
My mother resided for many years in New York State and passed away in 2007 in Florida, her legal state of residence. Her estate was handled throught Summary Administration. My uncle, who resides in New York, was the executor named in my mother's will. Recently I found some stock certificates worth about $8000 titled to my mother and managed through Computershare.My brother (Florida resident) and I (New York resident), would like to transfer ownership of the stock into our names. Computershare requires a medallion signature guarantee of the personal representative to process the transfer. A New York bank (where my uncle resides) requires Testamentary papers proving my uncle's executorship before it will provide a medallion signature guarantee. The Summary Administration in Florida was carried out without requiring the involvement of an executor/personal representative and there are no testamentary papers. Therefore there are no court papers to provide to the bank or the transfer agent to prove executorship/personal representation to carry out the transfer of stock ownership.
Is there any paperwork that can be drawn up in Florida to fulfill the administrative requirements of Computershare for a personal representative's signature to get this transfer accomplished? Thank you.
1 Answer from Attorneys
You will need to consult a Florida attorney, but most likely, you will have to reopen probate to get the testamentary papers you need since they are court ordered.
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