Q: My father died of a drug OD. He was waiting for a check from a law office in Florida in a workplace injury.
Now that he has passed, Lawyers offices refuse to turn over check to his next of Kin. Is there any legal recourse that we can take to remedy this? I Forgot to specify that I live in MA. His death was in Florida and that is where everything was going on, Thank you for quick answers, I will try contacting a lawyer in Florida.
A: I am very sorry for your loss and the passing of your father, please accept my sympathy and condolences at this difficult and sad time for you and your family. A probate (formal probate likely) needs to be pursued and the estate (personal representative) takes over matters and eventually the check is paid to the "estate of ___________________", then the personal representative distributes the assets in accordance with the Will of the deceased, Trust of the deceased or in accordance with the Florida Intestate Statutes (without a Will). The attorney is likely not turning the check over at this point because the probate has not been opened and or pursued and or a personal representative has not yet been named. Your starting point will be to contact and work with a Florida Probate Attorney in order to pursue the probate. It is likely that no one will see any check or payments until this is pursued and opened and done. I will add, perceived next of kin is not always actual next of kin as a Will, Florida Statutory laws, spousal survivor rights and so forth can all change who is entitled to what, if anything and in what sums. Getting a copy of the Will (if there was one) and speaking with a probate attorney will be your starting point .
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