Q: My brother died intestate in Florida June 1st. No spouse. I am the only living next of kin. Personal property only. Help
I live in Texas, am of low income-over 60. My brother was found dead at hotel where he rented. Police took 2 guns (used for personal protection.) Only property of value he had - no real property. I took death certificates and our birth certificates. They said I need a court order for them to release his things: 2 guns, wallet and keys. He died of natural causes (autopsy.) He also had a 25 yr old car someone took. (Hotel owner took possession of things in rented room - whether that was legal or not.) I went to Florida and paid $400 to funeral home, indigent program paid $595. He had no money in the bank.Local gun dealers said value less than $1000, as there are a lot of these guns on the market. Do I need to file a petition to determine exempt property, along with disposition or summary ad? If I file a disposition- there are court costs. If I file summary ad. can file civil indigence determination form, I may be able to keep court costs low. Have to have telephonic appearance. Help.
A:
It looks like disposition without administration may fit. The amount that you paid to the funeral home plus what the indigent program paid, seems to exceed the value of the firearms and the vehicle would be exempt.
As you appear to know, Florida Statute 735.301 Disposition without administration.—, provides as follows:
"(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.
(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon."
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