Waxhaw, NC asked in Probate for Florida

Q: My father passed away (florida). one of his bank accounts listed 2 out of 4 siblings only. Who is entitled to this ?

My father passed away (florida) and one of the assets was a checking account listing 2 out of 4 siblings on it. I assume that the 2 siblings should receive this and that is is not part of the "estate" - assets to be divided by the 4 siblings.

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Probate Lawyer
  • Miami, FL
  • Licensed in Florida

A: My condolences for your loss. Generally, bank accounts owned jointly with others do not form part of the decedent's estate and pass directly to the surviving joint owners.

Phillip William Gunthert agrees with this answer

1 user found this answer helpful

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult time. When you have assets with a beneficiary designation (pay on death or transfer on death) the asset passes to that person/s outside of probate, it is not a probate asset. Usually all you have to do is produce an ID, death certificate and complete the bank paperwork.

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