Tampa, FL asked in Real Estate Law and Probate for Florida

Q: Why do I need a letter of successor for a property that I own with my deceased husband?

Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.

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

A: I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a Formal Probate may be needed based on circumstances. You likely will want and need to consult with a Florida Probate Attorney, unless you can get them to reissue the check in your name alone, it is possible that some sort of probate will be needed.

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