Sarasota, FL asked in Estate Planning for Florida

Q: My dad died, no will, older brother took over, claims dad put him and older sister in charge. Don’t share anything.

What can I do? I came from a family of 5 children, 4 still living, my older brother and sister, myself, and a younger sister. My dad deferred a lot to my older brother and now my brother takes over, has access to his banking info., took care of his arrangements, everything. My dad didn’t have any money or anything, but I would like to know what is going on. For example, I gave my dad several thousand dollars in the money nuts leading to his death when he was not working. I asked my older siblings, who have access to his bank account, to see the statements, wondering what he did with the money, and my siblings just ignore me. I am cut off and left out of everything. What can I do?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this difficult time. You are going to likely need to speak with a Florida Probate Attorney where you can provide additional information and details in order to get more specific and helpful feedback. Generally speaking, if there is no Will, then if a probate is needed or desired for any reason the Florida Intestate Statutes (without a Will apply), this basically means that the surviving spouse and or children would inherit any assets in your dad's name that have to be probated (only assets in your dad's name alone would be the type of assets that need to be probated). It is possible that no probate will be done or needed at all, so it depends on circumstances and the type of assets, their value and how they are titled and held. For example, any bank accounts with a pay on death or transfer on death designation or jointly owned would not normally end up being probated in most instances and would just go directly to the designated beneficiary/person on the account. You can check with the clerk of the court online in the county where your dad was domiciled/lived as a Florida resident and see if a probate has been filed, you can always try to make a claim against the estate as a creditor being owed for any monies you loaned or otherwise provided to your dad. When siblings ignore you, this tends to mean that they have or are doing something they likely should not have done in many instances, otherwise, why the secrecy. I will also add, if a probate is commenced for any reason, the estate attorney does not represent the interests of the beneficiaries individually, but rather is working for the estate and personal representative (executor), petitioner of the probate, so just be aware and on notice.

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