Legal Question in Wills and Trusts in Florida

Here's the scenario. My father was named in the will of his aunt. The will took over three years to be dispersed. In that time, my father died. My father did not have an estate, no real assests. He was survived by my mother. Anyway, now the payment from my father's aunt's will has been sent to my mother, but made out to "the estate of" my father. He had no estate. So my mother can't cash the check. Is there a way to avoid probate court on this? My father did have a will notarized saying that he leaves all assets to my mother.


Asked on 10/16/09, 6:01 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Your mother will need to probate the assets passing through your father's estate. Depending on when your father died or the amount subject to probate, your mother may be able to petition for a summary administration or similar proceeding (abbreviated and less expensive form of probate).

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Answered on 10/17/09, 1:09 am


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