Intestate estate

A

Aadaenyaa

New Member
Jurisdiction
Florida
Mother was widowed 23 years ago. Her spouse at the time was a second marriage for both, he had no will. We believe his estate was split between her and his children from a prior marriage, and she seems to have gotten the house, but we are not privy to the details.
Sibling stayed with her from April to October, when she passed. The other 2 siblings, who were no contact with her, had no knowledge of this, until she died. Sibling told us there was no will. The funeral home has told us that they sent the death certificate to Social Security, but that's it. Nothing seems to have been done to start probate. Sibling that stayed with her was put on bank account before her passing, and has just disappeared. No response to phone calls or texts.
House is paid in full, but as we understand it, even if there is a paid up homeowner insurance policy, with the home owner deceased, it would not cover anything.
So what do we do? Nothing?
 
Aadaenyaa said:
So what do we do? Nothing?
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One of you needs to take the steps to open up probate proceedings at the court that has jurisdiction over probate in the county where your mother resided when she died. Having a fully paid up house just sitting empty will result in deterioration of the home over time, decreasing its value. Moreover, there is a risk of vandals or thefts too. You and your siblings may want to get together and split the initial fee for a lawyer to help you handle the probate. That fee can be repaid to you from the estate assets.
 
1) your family needs to start probate ASAP

2) you understand how that homeowners insurance wouldn't be inforce because of your mothers death? Confirm with the company, and if the house is in fact not covered, the administrator should get the house insured ASAP.
 
Understand that if the sibling was a co-owner of the bank account, then the money in the account at the time of her death is (almost definitely) his.
 
Aadaenyaa said:
as we understand it, even if there is a paid up homeowner insurance policy, with the home owner deceased, it would not cover anything.
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Not necessarily. Insurance companies will typically continue the policy during probate. But, of course, the company has to be notified.

If the policy came up for renewal between October and now there's a possibility that it just lapsed if no one paid for the renewal.

Aadaenyaa said:
So what do we do? Nothing?
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Doing nothing would be foolish and costly.

At least one of you has to get into the house and go through Mom's papers to find the insurance and make sure the house is covered.

Then get appointed by the probate court as representative of the estate and work on the disposition of the house and other assets.

Check the following resources for information on Florida probate.

florida probate at DuckDuckGo
 
Foamback said:
1) your family needs to start probate ASAP

2) you understand how that homeowners insurance wouldn't be inforce because of your mothers death? Confirm with the company, and if the house is in fact not covered, the administrator should get the house insured ASAP.
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So, the problem here is that the I cannot file it with the county. According to their website, I have to submit a death certificate (which yes, that I can get) the petition for administration, and the paid funeral bill. The sibling paid the funeral bill, and I can't get it. She didn't even tell us she had a funeral until after the fact. So, I'm at a loss here as to what to do.
 
Zigner said:
Understand that if the sibling was a co-owner of the bank account, then the money in the account at the time of her death is (almost definitely) his.
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Yes, that I know. Although I don't know if my mother added her a joint owner, or just gave her access. She did complain about the card being declined at one point.
 
adjusterjack said:
Not necessarily. Insurance companies will typically continue the policy during probate. But, of course, the company has to be notified.

If the policy came up for renewal between October and now there's a possibility that it just lapsed if no one paid for the renewal.



Doing nothing would be foolish and costly.

At least one of you has to get into the house and go through Mom's papers to find the insurance and make sure the house is covered.

Then get appointed by the probate court as representative of the estate and work on the disposition of the house and other assets.

Check the following resources for information on Florida probate.

florida probate at DuckDuckGo
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Can't get in the house, have no keys. We're also spread across the country. We don't have the documentation to file with the county to get probate started. They require the death certificate, the petition for administration, and a copy of the paid funeral bill. (Which I thought was really weird) Sister paid for funeral, we weren't even notified it happened until afterwards. This is why I'm at a loss here.
Sister seems to believe everything is hers, by a comment she made before ghosting us, even though by her own admission, there is no will, nor statement that that is the way it is to go.
I have no problem hiring an attorney, but the one I had a consult with said we have to have that paid funeral bill in addition to the death certificate to hire anyone.
He also said without my sister on board, we're just spinning our wheels.
 
Aadaenyaa said:
According to their website, I have to submit a death certificate (which yes, that I can get) the petition for administration, and the paid funeral bill.
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Please provide a link to that web page where it says those requirements.

Aadaenyaa said:
The sibling paid the funeral bill, and I can't get it.
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The funeral home should be able to give you a copy of the paid bill.

Aadaenyaa said:
Can't get in the house, have no keys.
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Once somebody gets appointed by the court as representative of the estate, that person can hire a locksmith.

Aadaenyaa said:
We're also spread across the country.
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Well, somebody is going to have to take time off and go to Florida to get a handle on the probate, especially if there is a home involved.

Aadaenyaa said:
I have no problem hiring an attorney, but the one I had a consult with said we have to have that paid funeral bill
Click to expand...

Talk to a few more attorneys. That requirement seems strange to me.

Aadaenyaa said:
He also said without my sister on board, we're just spinning our wheels.
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Again, talk to other attorneys, that doesn't sound right either.
 
adjusterjack said:
Please provide a link to that web page where it says those requirements.
https://www.flammialaw.com/how-to-file-for-probate-in-florida/#:~:text=As with a summary administration,filed with the initial petition.
Formal Administration
The longest and most detailed process of the three is a Formal Administration. This is the probate administration that would be used for an estate that has assets collectively valued at over $75,000 (excluding exempt property). It is also the preferred process if there are several known creditors of the estate or creditors who are owed large amounts of money. Usually, this process takes between six (6) months to a year to finalize.

In a Formal Administration the Court will appoint a Personal Representative to handle the estate. The Personal Representative must be represented by an attorney unless the Personal Representative is the sole beneficiary of the estate. The designated personal representative or an interested party may petition the court to open the estate. The petition must be filed in the county where the decedent resided. As with a summary administration, the death certificate, the original will, and proof of payment of the funeral expenses shall be filed with the initial petition.
It also comes up if you just do a google search. And that's what the attorney in Florida I spoke to told me as well.



The funeral home should be able to give you a copy of the paid bill.

They will not. I have already called and asked. The only person they will give that to is the person who paid it.



Once somebody gets appointed by the court as representative of the estate, that person can hire a locksmith.



Well, somebody is going to have to take time off and go to Florida to get a handle on the probate, especially if there is a home involved.

Yes, I don't have a problem doing that, I'm just not going to go there to not be able to do anything.



Talk to a few more attorneys. That requirement seems strange to me.



Again, talk to other attorneys, that doesn't sound right either.
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I'm off on Friday, I'll try to talk to a few more attorneys then. I just can't believe that we're pretty much being held hostage by the fact that she has gone incommunicado. We were told that she went back to her own state, but quite honestly, I don't know if I believe that. She could be squatting in that house for all I know.
 
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The situation you describe is quite common among sibling heirs. I must have read hundreds of similar posts. And, yes, you are being held hostage by an inability to go there and take over the handling of the estate.

Consider hiring a private investigator to go check out the property. PIs are cheaper than lawyers and he can get some photos and report on any signs of occupancy.
 
adjusterjack said:
The situation you describe is quite common among sibling heirs. I must have read hundreds of similar posts. And, yes, you are being held hostage by an inability to go there and take over the handling of the estate.

Consider hiring a private investigator to go check out the property. PIs are cheaper than lawyers and he can get some photos and report on any signs of occupancy.
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Thank you for the idea. And here's the thing. Even if I showed up there, they will not give me a copy of the funeral bill, because she paid it (out of my mother's account) Pretty much, the only way they will give it to someone else is if there is a court order, which I can't get, because I can't start probate without the funeral bill. Talk about a Catch 22, eh?
 
Aadaenyaa said:
She could be squatting in that house for all I know.
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If she's still living in her home, she's not squatting.

Look, I get it...you're bitter, but you're going to have to find a way to work with this person. It's business at this point.
 
Aadaenyaa said:
Sibling stayed with her from April to October, when she passed.
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Whose sibling?
How was this sibling related to mom?

I'm assuming you mean your sibling, but I'd like this clarified. If she's your sibling, does that mean there are three surviving biological children (you, your sister, and a third)?
 
Zigner said:
If she's still living in her home, she's not squatting.

Look, I get it...you're bitter, but you're going to have to find a way to work with this person. It's business at this point.
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Honestly, I never expected anything from my mother in death, just like it was in life lol. I'm not actually bitter, I'm just annoyed. This could have been done with easily, and if my sister didn't want to do the work, I can do it. But I can't even present that option, because she won't answer the phone, or answer a text. The other sibling is my brother, and this is causing him some angst, as he just wants this chapter closed, so he can move on with his life.
 
Zigner said:
Whose sibling?
How was this sibling related to mom?

I'm assuming you mean your sibling, but I'd like this clarified. If she's your sibling, does that mean there are three surviving biological children (you, your sister, and a third)?
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She is my half sister. The other sibling is my half brother. They have the same father, I have a different father. But we have never used the term "half"
 
Aadaenyaa said:
She is my half sister. The other sibling is my half brother. They have the same father, I have a different father. But we have never used the term "half"
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All of you are your mother's biological children. Any one of you three can apply to be administrator of your mother's estate, and the court should appoint the one that does, so long as they have the support of the majority of heirs. If not, then the court will decide. As I pointed out, I don't see any requirement that one must have have paid the funeral bill in order to be appointed administrator of an intestate estate. Keep contacting attorneys.
 
I wish you the best and I do offer my condolences for all of you for the loss of your mother.
 

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