Deltona, FL asked in Probate for Florida

Q: My step mom was the executor of his will. I was a wreck after losing my dad. Now step mom passed too.

Mom originally told me that we don't get anything from dad until she passes. Probate was closed 12/2017. She passed this month.

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Stop asking the same question or posting without asking questions. I told you that you need to contact the attorney in South Carolina who handles your dad's estate.

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

A: Very sorry for your loss and please accept my condolences. 1 month is not a very long time for probate purposes, you need to get an attorney in order to help you determine what is going on and if a probate is if needed or is filed, remember, only assets with the name of the deceased alone on them usually have to go through probate. I would encourage you to get a copy of the Will/Trust any property deed and find out from the clerk of the court if a probate was started. A parent has no obligation to leave anything to an adult child just so you know, so you may or may not be mentioned and or get anything, if there was a surviving spouse, everything may have gone to them or a third party based on any property deed, joint ownership of accounts, pay on death or transfer on death accounts. If your mom put your name on any life insurance or other assets or according to her Will, assets and distributions may be forthcoming as probate starts to move forward, if it has or does start to move forward probate.

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