Sunday, August 26, 2012

Free Legal Question: Wills and Trusts | Florida | My name is Samer ...

Assuming he had no Will, no spouse and no children, Florida would provide that his parents would be first, and if no surviving parents, then siblings, irrespective of where they live, would be the beneficiaries. So yes, it looks like the sisters are to inherit his belongings, assuming the parents are not living.

As to the process, it depends upon what he owned and how it owned it. If he owned it jointly, ITF, or somehow named a beneficiary, then it would go to the named beneficiary with a death certificate.

If the assets are just in his own name, then those assets would have to go through a probate proceeding. The proceeding would depend upon what assets and their value.

Under the worse scenario, it would be a Formal Administration proceeding with a Personal Representative appointed. Assuming there are no estate tax issues, the administration could be completed between 7 and 13 months. If there are estate tax issues, then probably add a year onto that.

As to costs, again it depends upon the type of proceeding. If it is Formal Administration, Florida Statutes controls that in general it is 3% of the gross value of the estate for the attorney, and an equivalent for the Personal Representative (though it can also be less under certain situations). Then there are administrative costs that normally are around $750 but can be more or less.

Therefore, time, type of proceeding, time needed and costs are dependent upon the needs of the estate which can not be set out precisely at this time.

If there is anything I can do, please let me know at 888-475-1732 or rkaplan2@comcast.net.

Source: http://www.lawguru.com/legal-questions/-/samer-youssef-seeking-legal-advice-789773725/

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