Legal Question in Wills and Trusts in Florida

Rights of next of kin

Wife's brother (a street person with no perm. address) died is Fla. as the result of an accident. Local SS office says he has a number of SS checks comming to him and the next of kin is entitled to these checks. Wife was given forms to fill out,which were completed and returned as per their instructions. Local SS office now says they made a mistake,and these are not the proper forms. They now say this is an estate matter and someone must be appointed his legal representative. My questions are how do we do this and what state do we go through. He died in Florida, we live in Ohio and he was born in Kentucky.


Asked on 6/04/00, 3:24 pm

1 Answer from Attorneys
Kelly Henderson

Re: Rights of next of kin

I assume the problem is that the SS office is looking for some official court order indicating your wife is the sole and rightful heir. They do not want to give out this money and then face other brothers, sisters, children who may have a claim on this money and who could say the SS office gave this money to your wife improperly. Assuming this is the only asset there are simplified probate procedures available under Florida law. Please send me an e-mail if you would like to discuss this matter in more detail.

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Answered on 7/19/00, 9:50 am


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