Legal Question in Wills and Trusts in Florida
With no Will, who gets the estate
My brother past away, he had a Will with an attorney that was not final or signed. I am the benificiary of his life insurance. Don't no what other investments he has or bank accounts. Has paid vehicle and mortgage outstanding with no other names on anything. Never maried, Father deceased, Mother alive, 2 brother. No one will contest each other. We just don't want it to go to the State. What do we need to do?
2 Answers from Attorneys
Re: With no Will, who gets the estate
There are surviving relatives and so this estate should not "go to the state." In Florida when a person dies without a valid will the statutes determine who gets the probate estate. Under the facts as you have presented them, the probate estate will go to your mother. The life insurance would go to you out side of probate because you are named on that policy. You and/or your mother needs to contact an attorney and begin the probate process.
Re: With no Will, who gets the estate
The estate would have to handled according to the laws of intestacy, since your brother passed away without a Will. Since you are named as the beneficiary on the life insurance, then you will receive that outside of the probate. Feel free to contact my office for a free consultation on Probate. (954) 966-4140
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