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No will or real property in Florida

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erom43

Junior Member
What is the name of your state (only U.S. law)? Florida

My mother recently passed away in an ALF in Florida. We never thought she needed a will, because she did not own any real property, her only source of income was social security and I was listed on her only bank account as well as POA. She also had prepurchased her cremation services. However, all seemed good until the bank returned her SS check, and her supplemental insurance refunded her last over payment. The problem is that they sent these checks to me, but written to: "The estate of**************..". It's my understanding that I must file probate to be named representative, and to open an "estate of" account. That cost would possibly be over half of what the checks are valued.

As a background, I have younger siblings, but they have had nothing to do with the care of my mother**************ever. I am the only one that was capable. I moved her to the ALF three years ago, and have been paying the differences in $SS and costs of healthcare and the ALF, along with supplemental incidentals she needed. She was under hospice care for the past year, so I incurred no costs other than the ALF fees, as all medical was taken care of by hospice. I therefore have no record of any healthcare or funeral payments for the past year.

What is my best course of action to keep as much of her refunds as possible?
 


Zigner

Senior Member, Non-Attorney
Figure out the cost of probate and subtract that from the checks, then take that number and divide it by the number of siblings (including yourself) to find out how much you're actually looking at. Is it worth it?
 

tranquility

Senior Member
While I think the modern limitation is $75k, you probably don't have to do a full probate.

http://law.justia.com/codes/florida/1998/TitleXLII/chapter735/735_101.html

Small estate affidavits can often be done by the party without much risk. Go to the library and get a Nolo Book or something.
 

erom43

Junior Member
Figure out the cost of probate and subtract that from the checks, then take that number and divide it by the number of siblings (including yourself) to find out how much you're actually looking at. Is it worth it?
Cost of probate would be the big variable. I believe I may be required to have a lawyer, plus the filing fees. That would be subtracted from around $2,000, and split five ways.
 

Zigner

Senior Member, Non-Attorney
Cost of probate would be the big variable. I believe I may be required to have a lawyer, plus the filing fees. That would be subtracted from around $2,000, and split five ways.
So we're talking about less than $400 per person. Is that worth it to you?
 

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