Port Saint Lucie, FL asked in Probate for Florida

Q: My stepmother died in December 2021. Her estate never went through probate. She listed my father as primary beneficiary

On brokerage acct.. My stepsister as secondary beneficiary. My dad died July 2022. Does her account go to my dads estate or to stepsister

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It would be part of your dad's estate, unless there was a secondary beneficiary. Ask the brokerage.

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

A: I am very sorry for your loss of your stepmom and your dad, please accept my condolences for you and your family at this difficult time. As a basic and general response to your inquiry, with knowing little else, it would appear that upon your stepmom's passing that your father became the owner of the brokerage account, your stepsister would have only received anything if your dad predeceased your stepmom (that was not the case). It is possible/likely that some type of probate may be needed for your stepmom for other reasons, and it is likely that your father will need to do a probate and this account will go to your dad's estate, not to your stepsister. Usually, when there is a pay on death or similar account, they usually request a death certificate and other paperwork to be completed, this should have been done and or should be done upon the passing of your stepmom by your dad, this should be done again upon the passing of your dad by you or related to your dad's probate estate that is pending or will need to be filed. You should also get in contact with the brokerage and see what their position on all of this currently is as your dad may have updated the paperwork and added his own beneficiaries already, brokerage may let you know. either way, you will need and want to work with a Florida Probate Attorney if this is in Florida or in the state where your father had his homestead/legal residence.

Bruce Alexander Minnick and Nina Whitehurst agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Probate Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Since your father was the direct beneficiary of your stepmother's brokerage account the account went to him when your mother passed away. So unless your stepsister was the direct beneficiary of your father's brokerage account the proceeds of that account must go to his Estate.

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