Legal Question in Wills and Trusts in Florida

my son died in feb of this year ,he has nothing at all only thing left was a checking account with $600 dollars in his account.He left no will or beneficiary . his death was unexpected. he was just barely paying his rent .I when to the bank with death certificate and was told I had to go to the court house and file some form in order for the bank to release his money.The form at the courthouse cost $350 to file, is there some other way to have his money released. I'm his only relative.We do not have a lot of money and this seems a bit much considering the amount of money involed


Asked on 11/27/16, 2:13 pm

3 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

No. If you want the money, the Court has to order the bank to give it to you, and you'll have the file the appropriate documents. The filing fees are set by statute.

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Answered on 11/28/16, 4:47 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You have to file for a disposition of personal property. You have to pay that filing fee. Remember if there were any debts they will be paid first too. So sorry for your loss. By the way for now put your request to the bank no writing now with a copy of the death certificate. Send that certified and return receipt.

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Answered on 11/28/16, 5:20 am
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you file an indigency application. this way you have no filing fees and the court will issue its letter to order the bank to give you the funds. Normally, banks do not request this unless the funds are over $800.00. I suggest you try again as Mr. Stein suggested by writing a letter to the legal dept of the bank and forward to them the death certificate (return receipt requested). So very sorry for your loss.

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Answered on 11/28/16, 9:26 am


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