Father died with no will, small estate

[aja2019]

Jurisdiction

Florida

My father (87) recently passed away in Florida. I am his son and live out of state. He had no will. He owns no real estate (he rented), no vehicle. His only monetary assets were in two checking accounts, both listing me as beneficiary/payable on death. He also had a small life insurance policy, also with me as beneficiary/payable on death. His only personal property consisted of clothes, some furniture, and some appliances. My question is: will I need to get an attorney to handle anything in Florida, or do I just let the court handle it since there was no will? Just trying to do the right thing, but since his estate is so small, I'm not sure of the process.

 

[army judge]

small life insurance policy, also with me as beneficiary/payable on death

Please accept my condolences upon the passing of your father.

Life insurance proceeds are not subject to probate and are paid upon notice to the insurer along with proper documentation of the insured's death.

assets were in two checking accounts, both listing me as beneficiary/payable on death

If the bank account was created as "payable on death" in Florida, the account proceeds will pass quickly to the beneficiary named upon the death of the account holder after bank formalities have been satisfied.

I suggest you contact the bank(s) involved and the life insurance company notifying them of the death of your loved one, and request what is needed to insure the funds are disbursed to you promptly.

The assets described above do not have to pass through the probate process.

As far as any other sentimental belongings or keepsakes, you can simply appear, speak with the landlord, request access to remove his belongings.

You don't describe enough assets to even bother with hiring an attorney, or getting involved with the onerous probate process.

 

[adjusterjack]

You shouldn't need to go to court at all. The money in the bank accounts bypass probate. The life insurance bypasses probate. Personal property, well, if you show up with a truck my guess is that the landlord will be happy to let you remove everything.

About the only reason that you might have to go to court is if you want something from somebody or some entity and somebody says, no, not until we see your court papers.

If that becomes necessary, read the following small estate statutes:

Statutes & Constitution :View Statutes :->2018->Chapter 735 : Online Sunshine

Then check the website of the county probate court where he lived and look for forms and instructions. You might be able to do it by mail without a lawyer.

 

[army judge]

An estate will qualify for summary administration if the value of the decedent's Florida probate property does not exceed $75,000 as of 2018. This amount doesn't include the value of the decedent's protected homestead real estate, so heirs can still take advantage of Florida's summary administration if a Florida resident dies with $50,000 in the bank and a homestead residence worth $150,000.

One important consideration involved in this type of proceeding involves the decedent's debts, even when the estate has gotten consent from all known creditors. Beneficiaries are personally liable for these debts after a summary administration for two years after the date of death.

It's possible that an unknown creditor can surface during this time and make a claim against one or more beneficiaries for payment.

More great reasons to avoid probate whenever possible!

Florida Has Special Probate Rules If Your Loved One Left a Small Estate

 

[aja2019]

Please accept my condolences upon the passing of your father.

Life insurance proceeds are not subject to probate and are paid upon notice to the insurer along with proper documentation of the insured's death.



If the bank account was created as "payable on death" in Florida, the account proceeds will pass quickly to the beneficiary named upon the death of the account holder after bank formalities have been satisfied.

I suggest you contact the bank(s) involved and the life insurance company notifying them of the death of your loved one, and request what is needed to insure the funds are disbursed to you promptly.

The assets described above do not have to pass through the probate process.

As far as any other sentimental belongings or keepsakes, you can simply appear, speak with the landlord, request access to remove his belongings.

You don't describe enough assets to even bother with hiring an attorney, or getting involved with the onerous probate process.

Thank you for your response. As you suggested, I have already contacted both the bank and the life insurance company. I am awaiting receipt of the death certificates so that I can proceed with those disbursements. My father has a close friend nearby who has already secured his few keepsakes for me, so the rest of his apartment is just non-essentials.
If you don't mind another question: what about the few bills that will come in his mail over the next few weeks? He had no debt, so to speak. He paid his couple credit cards, cable, etc. in full each month, but there's probably a few stragglers out there. Should I have his friend forward them to me and I make the final payments? Thank you again for your advice.

 

[aja2019]

You shouldn't need to go to court at all. The money in the bank accounts bypass probate. The life insurance bypasses probate. Personal property, well, if you show up with a truck my guess is that the landlord will be happy to let you remove everything.

About the only reason that you might have to go to court is if you want something from somebody or some entity and somebody says, no, not until we see your court papers.

If that becomes necessary, read the following small estate statutes:

Statutes & Constitution :View Statutes :->2018->Chapter 735 : Online Sunshine

Then check the website of the county probate court where he lived and look for forms and instructions. You might be able to do it by mail without a lawyer.

Thank you.

 

[army judge]

If you don't mind another question: what about the few bills that will come in his mail over the next few weeks?

A person's debts are extinguished upon the person's demise.

In Florida, the term "personal representative" is used as executor, executrix, administrator and administrator .

"The personal representative" has a legal duty to administer the probate estate according to Florida law.

The personal representative must: Identify, gather, value and safeguard the decedent's probate assets.

I don't think you're planning on doing any of the above.

You have no legal duty to provide a forwarding address.

Creditors tend to scour the obituaries, or have someone do it for them daily.

Therefore, you can simply return all mail to sender by writing "DECEASED - forwarding address Heaven via Happy Valley Acres Cemetery" on the UNOPENED envelopes back to the USPS.

Or, you can read what the USPS suggests:

Manage Mail for the Deceased | USPS

 

[army judge]

Should I have his friend forward them to me and I make the final payments?

I overlooked the last question.

Yes, you could do as you asked.

However, I wouldn't do it.

Why?

You have no way of knowing or ascertaining if the debt is one legally made by your father.

Death brings out all kinds of unscrupulous vermin and bottom feeders, wishing to profit off of grief.

The best thing to do is NOT become involved, which your father was prescient enough to assist you in easily doing bypassing the greedy, onerous probate process.

Kudos to your smart dad, and a symbolic tap of my gavel upon his passing.

 

[aja2019]

I overlooked the last question.

Yes, you could do as you asked.

However, I wouldn't do it.

Why?

You have no way of knowing or ascertaining if the debt is one legally made by your father.

Death brings out all kinds of unscrupulous vermin and bottom feeders, wishing to profit off of grief.

The best thing to do is NOT become involved, which your father was prescient enough to assist you in easily doing bypassing the greedy, onerous probate process.

Kudos to your smart dad, and a symbolic tap of my gavel upon his passing.

Thanks again.

 

[zddoodah]

will I need to get an attorney to handle anything in Florida

I can't see any good reason to do so. The assets you mentioned pass to you outside your father's estate. In the absence of some other asset, I can't see any need for you to do anything (other than send notifications regarding his death to appropriate places and probably file his 2018 federal and state income tax returns).

do I just let the court handle it since there was no will?

Not quite sure what you mean by this. The court isn't going to do anything unless you or someone else asks it to do something.

what about the few bills that will come in his mail over the next few weeks? He had no debt, so to speak. He paid his couple credit cards, cable, etc. in full each month, but there's probably a few stragglers out there. Should I have his friend forward them to me and I make the final payments?

You have no liability for your father's debts, so whether you pay them is entirely up to you. What you may not do is receive estate property without taking care of the bills, but it sounds like the only estate property is of nominal value at best.

 

[aja2019]

I can't see any good reason to do so. The assets you mentioned pass to you outside your father's estate. In the absence of some other asset, I can't see any need for you to do anything (other than send notifications regarding his death to appropriate places and probably file his 2018 federal and state income tax returns).



Not quite sure what you mean by this. The court isn't going to do anything unless you or someone else asks it to do something.



You have no liability for your father's debts, so whether you pay them is entirely up to you. What you may not do is receive estate property without taking care of the bills, but it sounds like the only estate property is of nominal value at best.

Thank you.

 

[aja2019]

Thank you again to all that have answered. Another question I thought of: what will become of the hospital/Medicare bills which he incurred during his last month in the hospital? I am guessing there will at least be a hefty copay/deductible bill incoming soon. Since his estate will basically be insolvent, do I just notify Medicare of his passing when he gets the bill? Again, he had no will, so there is no executor. I am only trying to assist in closing out his accounts.

 

[army judge]

what will become of the hospital/Medicare bills which he incurred during his last month in the hospital?

Nothing unless you wish to pay them on behalf of your father.

As previously discussed you have no legal duty to pay your father's debts.

do I just notify Medicare of his passing when he gets the bill?

You could contact Medicare, but you're not required to do so.

The debt to a government agency is no different than the debt to a private lender upon the death of any human, the debt is extinguished upon the demise of the person.

Normally the entity who inters or cremates the deceased contacts Social inSecurity in regard to the death, and requests the standard death benefit to be paid to the funeral home or the next of kin.

It is a very small amount about $255.00.

 

[aja2019]

Nothing unless you wish to pay them on beha;f of your father.

As previously discussed you have no legal duty to pay your father's debts.



You could contact Medicare, but you're not required to do so.

The debt to a government agency is no different than the debt to a private lender upon the death of any human, the debt is extinguished upon the demise of the person.

Normally the entity who inters or cremates the deceased contacts Social inSecurity in regard to the death, and requests the standard death benefit to be paid to the funeral home or the next of kin.

It is a very small amount about $255.00.

Thanks.

 

[army judge]

Thanks.

You also don't have to file his tax returns.

That's the only thing that put a smile on my face when my mother, father, and my first wife died.

There is one way to beat the tax confiscators.