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What should I do to claim my inheritance from my deceased brothers?

What should I do to claim my inheritance from my deceased brothers?

Q: Can I claim an inheritance without a will?

If there is no will, the estate will be distributed according to Florida's intestacy laws. This means the court will determine how assets are divided among heirs. You may still need to go through probate to establish your right to any inheritance. Consulting an attorney can help you navigate this process.

Full question:

I live in NYC my mother died in Florida in 2000 leaving about 2300.00 in an account. One of my two brothers was made executor of the estate. I believe the will divides all property 3 ways presumably making all three of us rightful heirs. Both of my brothers have since died. What the bank requires to release the funds to me is court order naming me sole heir. What do I do?

Category: Death
Date: 04/07/2025
State: New York

Answer:

Your situation involves your brothers' deaths, which may have created additional heirs entitled to their shares of the $2,300. To access the funds, you will need to consult a Florida attorney. They can assist you with the necessary court filings to obtain a court order that names you as the sole heir. Keep in mind that some attorneys may hesitate to take on a case for a small amount, so it’s advisable to make some inquiries.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to my inheritance if my siblings have passed away?

If your siblings have passed away, their shares of the inheritance may pass to their own heirs or beneficiaries. This could complicate your claim to the full amount. You may need to establish the legal status of their estates to determine how the inheritance is divided. Consulting with a Florida attorney can help clarify your rights and obligations regarding the inheritance.

How do I obtain a court order to claim an inheritance?

To obtain a court order declaring you as the sole heir, you need to file a petition in the probate court in Florida where your mother’s estate was managed. This process typically involves providing documentation, such as the will and proof of your relationship to the deceased. A Florida attorney can guide you through the necessary paperwork and court procedures.

Can I claim an inheritance without a will?

What is the probate process in Florida?

The probate process in Florida involves validating a will (if one exists), inventorying the deceased's assets, paying debts and taxes, and distributing the remaining assets to heirs. This process is overseen by the probate court and can vary in length depending on the estate's complexity. An attorney can help you understand the specific steps required for your case.

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