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FL probate needed?

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elliwyatt

Junior Member
What is the name of your state (only U.S. law)? I/m in MD but decedent resident in FL.

My mother resided in and recently died in Broward County, FL. I am named executor in her will. My sister who also lives in Broward has been assisting in her care and last month had her name added to my mother's checking account (JTWROS) to pay her bills. The balance at time of death was approx $16000. My mother left a car with an outstanding balance of $10,600, a mutual fund worth maybe $5000 depending on the market in the last 4 months, and a vacation trailer worth no more than $3000. My question is this: 1) are the funds in the joint account part of my mother's assets vis-a-vis paying her creditor (car) and 2) do I need to go through probate in whether or not this is true?
The cost of the trip and lawyer will not be too great but if the joint account doesn't count towards her bills, my mother seems to have died, well, "bankrupt".
How is this generally handled?
Thanks,

Wendy
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? I/m in MD but decedent resident in FL.

My mother resided in and recently died in Broward County, FL. I am named executor in her will. My sister who also lives in Broward has been assisting in her care and last month had her name added to my mother's checking account (JTWROS) to pay her bills. The balance at time of death was approx $16000. My mother left a car with an outstanding balance of $10,600, a mutual fund worth maybe $5000 depending on the market in the last 4 months, and a vacation trailer worth no more than $3000. My question is this: 1) are the funds in the joint account part of my mother's assets vis-a-vis paying her creditor (car) and 2) do I need to go through probate in whether or not this is true?
The cost of the trip and lawyer will not be too great but if the joint account doesn't count towards her bills, my mother seems to have died, well, "bankrupt".
How is this generally handled?
Thanks,

Wendy
Hi Wendy,
You can read FL's probate statutes at under Estates & Trusts. Due to you being an out-of-state Personal Representative, do review the requirement regarding needing an attorney. Also check small estate administration. The last I checked, it was for an estate less than $70,000. Florida updates a lot of new statutes on the 1st of July annually. Also check into "convenience" accounts regarding the joint bank account.
 

elliwyatt

Junior Member
Thanks - I've already read the statutes and I know about the small estate provision. What I'm particularly interested in was whether or not any part of the JTWROS account was part of my Mom's estate or if it all was removed from probate and therefore beyond the reach of her creditors. It makes a difference in how much I will need to spend out-of-pocket myself given how little there is otherwise for lawyer's fees and filing fees, burial costs, etc. (maybe $5000). Sister was only supposed to get signature authority for herself but well, there you are.

Thanks again.
Elliwyatt
 

BlondiePB

Senior Member
You're Welcome

Thanks - I've already read the statutes and I know about the small estate provision. What I'm particularly interested in was whether or not any part of the JTWROS account was part of my Mom's estate or if it all was removed from probate and therefore beyond the reach of her creditors. It makes a difference in how much I will need to spend out-of-pocket myself given how little there is otherwise for lawyer's fees and filing fees, burial costs, etc. (maybe $5000). Sister was only supposed to get signature authority for herself but well, there you are.

Thanks again.
Elliwyatt
JTWROS passes outside of probate and is not part of the estate.
 

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