Mother died and no will or list of beneficiaries

[Smithrenee1973]

What is the name of your state (only U.S. law)? Il (mom died in fl)

Mom had a 401k. She did not list beneficiaries. There is my sister and I that are the only siblings living.

1. How much is the probate bond? The amount is $16,000. My lawyer said I need to get two other people to sign for a bond for me. I have no one. He says it had to be in the amount of $32,000.

2. We have a brother who is deceased. His girlfriend at the time was pregnant. He knew it was his baby, so he wrote a letter saying it was his to make sure it was taken care of in case something happened to him. He then commented suicide. The mother obtained social security on the daughter. My brothers name in not listed on the birth certificate. Her boyfriend at the time of the birth is. The daughter is seventeen now and does not know my brother is the father. My question is: is the daughter entitled to a third of this estate?

Renee

 

[Smithrenee1973]

No advice? Wow!

 

[anteater]

Those who respond here are volunteers. And it's a Saturday. This isn't like an infomercial where operators are standing by to take your order.

1. How much is the probate bond? The amount is $16,000. My lawyer said I need to get two other people to sign for a bond for me. I have no one. He says it had to be in the amount of $32,000.

I am surprised that your attorney did not suggest asking the court to waive the requirement for bond.

www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733PartIVContentsIndex.html&StatuteYear=2013&Title=->2013->Chapter%20733->Part%20IV

2. We have a brother who is deceased. His girlfriend at the time was pregnant. He knew it was his baby, so he wrote a letter saying it was his to make sure it was taken care of in case something happened to him. He then commented suicide. The mother obtained social security on the daughter. My brothers name in not listed on the birth certificate. Her boyfriend at the time of the birth is. The daughter is seventeen now and does not know my brother is the father. My question is: is the daughter entitled to a third of this estate?

My opinion is "Yes."

 

[Smithrenee1973]

What if we cannot find the daughter or her mother?

What if I cannot come up with people for the bond?

 

[anteater]

I am not in Florida. So, take it for what it is worth...

What if I cannot come up with people for the bond?

I have searched and can't come up with any reference to "get[ting] two other people to sign for a bond..." There are insurance companies that handle surety bonds.

What if we cannot find the daughter or her mother?

Unless someone is purposefully trying to remain "hidden," it is actually pretty hard not to leave traces. Have you tried any search engines? If you can't, there are companies/individuals that run traces on people.

As the estate's personal representative, you have a duty to make diligent efforts to find heirs. If, after those efforts (which you will likely have to document to the court's satisfaction), you still can't find the heir, any funds that the heir is entitled to will most likely be held by the court (again, I am not in Florida, but this is pretty standard in most states).


You mentioned "my lawyer" in your first post. I am curious why you are not posing these question to that attorney.

 

[Ohiogal]

I disagree with anteater. This girl is NOT legally your deceased brother's daughter as someone else is legally the child's father. Hence, because boyfriend at the time was on the birth certificate that makes him the father. This girl would have to prove she is your brother's child. That would involve her even knowing your brother existed. And if boyfriend or someone else adopted the child? She has no claim at all. How she got Social Security I do not know.

 

[anteater]

I disagree with anteater. This girl is NOT legally your deceased brother's daughter as someone else is legally the child's father. Hence, because boyfriend at the time was on the birth certificate that makes him the father. This girl would have to prove she is your brother's child. That would involve her even knowing your brother existed. And if boyfriend or someone else adopted the child? She has no claim at all. How she got Social Security I do not know.

I sometimes disagree with myself! Depends on the day and phase of the moon.

But the social security thing and the deceased's acknowledgement of paternity tipped the balance for me.

But I would say, given the known facts, that it is the personal representative's duty to resolve the question under Florida law, one way or the other.

 

[Ohiogal]

I sometimes disagree with myself! Depends on the day and phase of the moon.

But the social security thing and the deceased's acknowledgement of paternity tipped the balance for me.

But I would say, given the known facts, that it is the personal representative's duty to resolve the question under Florida law, one way or the other.

The deceased could NOT acknowledge paternity. The deceased may have THOUGHT he could be father but that is not proof of paternity. And we don't know why the child is receiving social security. It could be because the child is disabled or her legal father (the boyfriend on the birth certificate) has something which qualifies her for it.

 

[Smithrenee1973]

My brother who is deceased wrote a letter before he died acknowledging he was the father, hence the social security.

The mother of my niece has came forward and my niece knows my brother was her father. They have sent the social security papers to my lawyer, so she is entitled to one third.

 

[justalayman]

i'm thinking not. While SS may accept his testament as valid proof of him being the father, the courts do not, especially given it is ''a letter".

The child has a legal father and since that is not your brother, the child is not entitled to any of your mothers estate.

On top of that, if you are talking about $16k as the only asset, start calculating the cost of the bond (don't know if it would be any different but a jailers bond is 10% or the face value of the bond), any debts your mother had, the costs of the funeral, the costs of probating the estate, final taxes for her and the estate, and I'm thinking there isn't going to be much of anything left to split no ways let alone 3 ways.

 

[Smithrenee1973]

I hope you are correct. I hope she isn't entitled to it. The funeral was paid.