anyone here live in fla. or familiar with probate there?

Discussion in 'The Watercooler' started by Jena, Nov 11, 2010.

  1. Jena

    Jena New Member


    i did a little research just a few min. ago and learned that technically i am allowed an inheritance from my father's estate.

    i was never after anything yet i was digging out some old papers and looking at his last will and testament. so i went on line and it stated that even if you aren't left anything in the will, you are by fla. state law allowed a family allowance inheritance from the decedent's estate.

    anyone know more of this at all? any paralegal's out there? i'm going to send a letter to the estate attorney tmrw.

    quite honestly the man had alot of money and we could use an inheritance, why should it all be left to his wife?
  2. susiestar

    susiestar Roll With It

    There is absolutely no reason you should not claim whatever the law allows you to claim. It might help you get difficult child the help she needs in Oregon or pay for college for her, easy child or even for you if you want. Or help with the stepkids, house expenses or whatever. I don't know what relationship you had with him, but he was your father and it is the law. In most states if you do not want a child or spouse to inherit you must specifically state that in the will. In some areas you must leave something to a spouse or child or they can claim a % of the estate. It is why so many dramas have the lawyer reading that someone gets $1.

    I would think you can file a claim fairly easily. You may need to contact an attorney of your own, but the estate lawyer or executor should be able to let you know what you need to do. Just make sure to double check the info that you are given in case they give you incorrect info. Good Luck!
  3. Jena

    Jena New Member

    his wife is the executor of the estate. i probably have to write a letter to attorney she hired who sent me the lwt after i found out he passed via the social security index (his wife didn't even call me), and write in it the fact that i am allowed to a family inheritance from the estate. i dont' want the business at all. have no clue how to run it, that's always been her show. i helped for years when i lived out there yet minimal knowledge gained. yet all the properties and liquidation of them, boats, etc.

    i was thinking same thing, if i have to head to oregon he was going to pull from life insurance again, i can use that. i contacted an attorney originally yet he said i wasnt' due anything because i wasn't left anything in the lwt. yet fla. state law states differently i found the statures etc. a few minutes ago and was kinda surprised. he was an old guy and seemed to want to be in it for money and i told him he'd have to wait till letters were issued and the estate totally liquidated for his payment.

    his wife is sending me all these pics she should be sending me a check with-them also.
  4. HaoZi

    HaoZi Guest

    I know that if the estate is valued at 500k or more it supposed to automatically go to probate in Florida (so they can get their tax from the estate). Considering that this is not a recent thing you would likely have to fight to have a portion declared yours and will have to sue her to get it. Find a good estate attorney down there to ask about it.

    Also see:
  5. Jena

    Jena New Member

    thx. letters weren't issued yet as of feb. this year. its' over 500k and it was probated. i'm not shocked she pulled this at all
  6. susiestar

    susiestar Roll With It

    From what I have seen via friends who are paralegals, families do more dirty to each other in situations like this than most people would believe. Do all you can to make sure you have a GOOD lawyer on your side as she will likely have a good one on her side. Family issues like this are why one friend quit being a paralegal and dropped out of law school. She is the store secretary for a major department store - runs it pretty much and gets better benefits than the store mgr because he is afraid she will quit or go to a different store, lol!!! She says that even with working retail through the holiday season she has much lower stress with this job than she did with the law firm! Even with not having a day off between Oct 15 and mid January and working 70+hrs per week those months!

    Good Luck!!
  7. DammitJanet

    DammitJanet Well-Known Member Staff Member

    I know my mother was so evil she wrote her will to state that everything was actually supposed to go to my oldest son and nothing for anyone else. I was supposed to be allowed to get $10 a year for medical expenses if I could prove by doctor's note that I needed it for a true life or death

    I beat her will. She died with nothing to her name. I ended up her POA and got rid of her assets before she passed away. Witch!
  8. DDD

    DDD Well-Known Member

    I agree you need a Florida attorney or one who is willing to get updated. Although I haven't been in your shoes, my husband and
    I were at one time were advised (no...we have no assets to speak of :redface:) that we should stipulate that GFGmom was being excluded deliberately. Since she has defrauded us of thousands of dollars we wanted her not to benefit from our death.
    on the other hand our subsequent attorney said we only needed to stipulate those who were to share in any assets. The laws probably differ for sizable estates but certainly you should get the best legal counsel. DDD
  9. Jena

    Jena New Member


    That is insane and sux. i'm sorry.

    ddd your right. i emailed her today and ofcourse she didn't respond. so now i gotta type a letter and send it than find out who his attorney is than contact a fla. attny again. i bet she never figured i'd research it.
  10. HaoZi

    HaoZi Guest

    Jena, what part of Florida? I can always email my dad and ask him who his estate attorney is and forward the name to you if he's close enough.
  11. Jena

    Jena New Member

    hi, thx

    brevard county co. is located in melbourne florida and a few other locations throughout.
  12. HaoZi

    HaoZi Guest

    Oh, don't know then, dad is in the Big Bend area. Hmmm.... I have a couple other friends down that way, I'll check with them over the weekend.
  13. Jena

    Jena New Member

    big bend? i can just go online it's no biggie. they all work off commission. i used to probate estates a few years ago before i went into the mental health realm for a bit. that's the one thing i know it's all about money size of estate and what my share could be to them.

    i'll call some on monday if i get a chance. thanks though was a great offer i do apprecite it.
  14. HaoZi

    HaoZi Guest

    I have an old friend in the banking industry down that way, she and I grew up together, I figured I'd ask her if she knew of any that were good at it and wouldn't rip you off.
    Forgot: I also have another old school chum that's a lawyer in N FL now and might know of one down that way, so I'm asking him, too.
    Lasted edited by : Nov 12, 2010
  15. Jena

    Jena New Member

    k. believe it or not these things, the puppy it keeps my mind busy. off difficult child's stuff and able to focus better. absurd i know, yet i require some other things to keep me calm. probably doesn't make sense. yet this dad lwt issue's been brewing for a while and boy we could sure use the money. if i don't have to do major battle i'll do it. yet if it's a knock down drag out than i'm out totally. have no time for that level of **** right now. :) just pm me if you find one. thanks alot!
  16. HaoZi

    HaoZi Guest

    Will do. Warned the lawyer chum that it might be messy ;) Some of them like those messy knock down drag out court battles. If they know anyone I'll certainly PM you all the info they give me as soon as I get it.
    It's pretty well documented that a pet can help reduce stress levels (don't think they counted puking puppies, but hey, if it works I won't argue). I also find watching the fish to be relaxing, and for some reason jellyfish tanks when that aquarium's webcam is working. My cat isn't as good at the helping relax thing, he likes to bite too much.