Orlando, FL asked in Probate for Florida

Q: Brother died. ins.insurance says to Estate of. For $2,000.00. I am only heir and not beneficiary. Is Probate needed?

I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.

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2 Lawyer Answers
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 brother, please accept my condolences. Since the check is made out to the estate of your brother you will need to pursue some version of probate. If this is the only asset then you may be able to get the accomplished by filing yourself for Disposition of Property Without Administration. You can check with the clerk of the court in the county where your brother lived, they will likely have the forms online to access or you can contact the clerk via phone for direction on how to get and submit these forms. If it turns out the estate is more complicated or other asses are found, then you may eventually need a more complicated probate and the help of an attorney. In the meantime, I would encourage you to try to pursue this per above in the manner recommended and see where you can get with things on your own.

Terrence H Thorgaard and Carol Larmond Grant agree with this answer

1 user found this answer helpful

Carol Larmond Grant
Carol Larmond Grant
Answered
  • Probate Lawyer
  • Davie, FL
  • Licensed in Florida

A: I am sorry about your loss. There are ways to get this done with a small administration by the statute. Who paid the funeral expenses? Check with the clerk of court in the county where you live.

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