Miami, FL asked in Banking for Florida

Q: My aunt passed away 2 years ago. My mom is the only next of kin (but not on the will), can she claim the $ in the bank?

I was told my mom needed to file a form called, Declaratoria de Herederos. But I was also told that it all depends on whats on the will. My aunt was not in here right state of mind, she left incharge, her Doctor's secretary as the estate holder, that just sounds wrong. When my mom and I went to the PR for the funeral arrangements, the probate and the lawyers did not want to see or speak to us. My aunt had an anurisum or a stroke (we dont even know what happened to her), she was committed to an institution for 3 months where she died. No one said anything until 4 days after death. The only reason they reached out was because my mom is the only next of kin.

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1 Lawyer Answer

A: It is not clear where she resided when she died. If she was in Puerto Rico (and I assume that's what you mean, I doubt that Florida has a form called a "Declaratoria de Herederos".), you need to post your question in Justia › Ask a Lawyer › Puerto Rico › Probate.

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