Bank Accounts - no will & deceased 2 years ago

[collegefund]

What is the name of your state? Florida
My ex-husband passed away slightly over 2 years ago with no will. He had more debt than assets and no legal papers were filed for probate. He was simply laid to rest and his utility accounts were closed with no action taken for any of his personal matters. He was the only individual listed for his 2 bank accounts, one personal and one business, and they hold less than $4000. The bank previously declined requests to close the accounts and have been charging $25 a month in bank fees. We were divorced for 7 years prior to his death and has only one child, our child, who is now in college. The money in his bank accounts should be given to our child for college and living expenses. He was the owner of his business that was incorporated. In September 2003, the State of Florida sent a Certificate of Admnistrative Dissolution or Revocation because his corporation failed to file its 2003 corporation annual report/uniform business report. Can the bank accounts now be closed and the money given to his only child? If so, is there a form letter that can be sent to the bank that will contain the appropriate language and allow the request to go through so that his bank balances will be transferred to his child's account without further question or legal hassle? Are there any other steps that need to be taken to accomplish this?

[I AM ALWAYS LIABLE]

What is the name of your state? Florida
My ex-husband passed away slightly over 2 years ago with no will. He had more debt than assets and no legal papers were filed for probate. He was simply laid to rest and his utility accounts were closed with no action taken for any of his personal matters. He was the only individual listed for his 2 bank accounts, one personal and one business, and they hold less than $4000. The bank previously declined requests to close the accounts and have been charging $25 a month in bank fees. We were divorced for 7 years prior to his death and has only one child, our child, who is now in college. The money in his bank accounts should be given to our child for college and living expenses. He was the owner of his business that was incorporated. In September 2003, the State of Florida sent a Certificate of Admnistrative Dissolution or Revocation because his corporation failed to file its 2003 corporation annual report/uniform business report. Can the bank accounts now be closed and the money given to his only child? If so, is there a form letter that can be sent to the bank that will contain the appropriate language and allow the request to go through so that his bank balances will be transferred to his child's account without further question or legal hassle? Are there any other steps that need to be taken to accomplish this?

My response:

Either your child files for Probate, or that money will be eaten up by the bank. Take your choice.

IAAL

[seniorjudge]

Q: If so, is there a form letter that can be sent to the bank that will contain the appropriate language and allow the request to go through so that his bank balances will be transferred to his child's account without further question or legal hassle?

A: See IAAL's post. Let me add that the bank account is not in your child's name (obviously) so the bank will not and cannot give that money to anyone else without risking severe penalties. The only way to get that money to your child is to get a court order (i.e., probate the estate). Also, some of those debts may still be alive and the creditors will have to be notified; this might eat up all of the estate.