Legal Question in Wills and Trusts in Florida
Uncle is terminal. Refuses to "put his affairs in order". What happens to his house and bank accounts? I do not know if he designated anyone on his accounts.
4 Answers from Attorneys
If a beneficiary is not named-the estate would be probated with a statutory will.
Does he have a wife and /or children?
If not would go to nieces and nephews.
Unless title to property has joint tenant with right of survivorship it is devised per rules of intestacy (FS 732) .
So sorry to hear this. I will be glad to do a will for him. It is not that expensive.
Without a will, all assets in his name alone pass by operation of law to his heirs. If the property is homestead, it will pass outside of probate by statue and constitutional provisions. If no Transfer on Death or Beneficiaries on his bank accounts, they become part of his probate estate to be distributed per the will or by operation of law.
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