Probate Representative called me

[michelle.griebe]

I got a phone call yesterday from a probate representative that was looking for family members of my late friend and fiance'. He was my fiance' from 1997 to 2000. He has no living family members. His parents and adopted brother have all passed away. He has an ex-wife who has remarried and a step daughter. Who goes to get his belongings? He would want me to have some of my things that I gave to him and there are some things that he told me he wanted me to have. He passed away in June 2009 and I just got this phone call yesterday. What do I do to get some of my things?

 

[anteater]

He would want me to have some of my things that I gave to him and there are some things that he told me he wanted me to have.

The operative words are "gave to him" and "wanted me to have."

If they were gifts, then they belonged to him. And, if his wishes for you to have some things were not put in a writing that would be accepted as a will, then those wishes are moot.

If he did not have a will, then his state's intestate succession laws would control the distribution of any assets. (And, despite the question that is asked when you make a new post, you failed to mention the state.)

 

[michelle.griebe]

My State is Minnesota

His State is Florida. Your message: If he did not have a will, then his state's intestate succession laws would control the distribution of any assets.

He did not have a will how would the State of Florida distribute any assets? And to who? Who is concidered family? Is a ex-wife and a step-daughter concerned family in this case? Or does the State just keep the assets?

 

[anteater]

The state does not actually distribute the assets. The person appointed by the court to administer his estate does. But, in the absence of a valid will, each state specifies how any assets should be distributed. (Expenses of administering the estate and creditors get paid first before any assets are distributed to heirs.)

If any part of a Florida decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. The amount a surviving spouse is entitled to, however, varies as follows:

If there is no surviving lineal descendant of the decedent, the surviving spouse gets the whole intestate estate.

If there are surviving lineal descendants of the decedent, and they are also all lineal descendants of the surviving spouse, the surviving spouse is entitled to the first $60,000 of the intestate estate, plus one-half of the intestate estate's remaining balance. Property used to satisfy the $60,000 must be valued at the fair market value on the date of distribution.

If there are surviving lineal descendants of the decedent, one or more of whom are not lineal descendants of the surviving spouse, the surviving spouse gets one-half of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

Decedent's lineal descendants.

Decedent's parent or parents equally.

Decedent's brothers and sisters and the descendants of any deceased siblings.

Decedent's grandparents or their children if both paternal or maternal grandparents are deceased. Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the children of the paternal grandparents (i.e., decedent's aunts and uncles) if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving kin on either the paternal or maternal side, the entire estate passes to the relatives available on the surviving side in the same manner as described above.

As a next to last resort, the entire intestate estate goes to the kin of decedent's last deceased spouse as if the deceased spouse had survived decedent and then died intestate entitled to the estate (which means going through all of the above again).

 

[michelle.griebe]

Surviving Spouse

Does the 'Surviving spouse' mean the ex-wife in this matter? And does the 'Decedent's lineal descendants' mean the step daughter?

 

[anteater]

Does the 'Surviving spouse' mean the ex-wife in this matter? And does the 'Decedent's lineal descendants' mean the step daughter?

No, the ex is no longer the spouse.

No, Florida law says:

731.201 General definitions....

(3) "Child" includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant....

 

[michelle.griebe]

No Decedent's

This man has no Decedent's. Does the ex-wife and the step daughter have to hire a probate attorney to get any assets or what posessions that he (the deceased) had? If so; do I have any right to request anything of his?(the deceased) Do I need to speak to the Probate Representative again? This time more in depth of my past relationship with him. (the deceased) Or do I walk away?

 

[anteater]

I'm not sure how to make this clearer. Legally... The ex-wife is out of the loop. The stepdaughter is out of the loop. You are out of the loop.

It isn't often that there are no heirs under intestate succession. If there are truly none after working through the family tree, then:

732.107 Escheat.--

(1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.

(2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund.

"Probate representative" is not exactly a legal term. Is that person appointed by the court in Florida to administer the estate?

You can always call and beg and plead. Legally, the estate adminsitrator should ignore it. But, if the things that you want have little market value, well....