Q: My wife has passed away no will she was in the middle of a law suit how do I go about setting up a estate account
I also want to be the admistrator of her assets what can I do Thank you in advance
A: Very sorry for your loss and the passing of your wife, please accept my condolences and sympathy at this difficult time.
You will need to contact a Florida Probate Attorney, based on the type of assets and size of the estate will usually determine the type of probate, in this instance, since there is a current or ongoing lawsuit, it is likely you will need to do a Formal Administration, you as the surviving spouse would be the person to apply to become the Personal Representative in a Formal Probate Administration, you will need an attorney as it is almost always required in all probates in Florida. Since there is no Will, the Florida Intestate Statutes (without a Will) are going to be applicable. As far as getting an EIN for the estate, you will be able to go online and apply for that through the IRS online website once your are named the Personal Representative of the Estate (after the initial probate filings and the court/judge approves you). So, once you receive the letters of administration here in Florida from the court formally naming you as the estate’s personal representative, you can apply for an EIN.
C. Randolph Coleman agrees with this answer
A: I am so sorry to hear about your wife's passing. You will need an attorney to represent you to petition the court to appoint you as personal representative of her estate, so that you can continue to pursue the claim in her law suit. Once you are appointed personal representative, and if there are any assets subject to probate such as bank accounts in your wife's name only with no beneficiary designation, then you will be able to use the court ordered Letters of Administration to close accounts and have checks issued to the estate for deposit in an estate account, or to establish an estate account with an EIN for receipt of any future settlement funds from the law suit.
Our office handles formal administration anywhere in Florida. You are welcome to call our office for a free phone consultation to discuss what is involved in greater detail. We would be happy to assist you.
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