Although I live in Minnesota, I was the atty-in--fact for a now deceased women, Beverly, who lived in Hudson, FL. I have a will that shows I am the personal representative and heir. When she passed she was on Medicaid with about $1500 in her bank account. So I was going to have a summary administration completed. After she passed, I was contacted by an insurance company letting me know that Beverly was left $2500 from someone else who passed away. The check they sent is in the name of "The Estate of Beverly." I also have a couple of other checks from closed accounts in her name. So, my question is - Can I just deposit these checks into the account that is still open? The bank had told me (before I received these checks) that I would need a court document showing I was entitled to close the account (interpretation).
Thanks for any responses.
Summary administration may be appropriate, but it's hard to know for sure without more information about her debts, possible creditors, and the existence of other beneficiaries. In any event, you will likely be required to hire an attorney to represent you through the probate process. I urge you to contact a Florida-licensed probate attorney as soon as possible -- many of whom offer free initial consultations -- who can guide you through the probate process.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Mr McDannold is correct. Summary may be possible, but you should retain a Florida probate attorney to advise you on how best to proceed. As he pointed out, many of us will do a free consultation. Find a Florida probate attorney who will give you a courtesy consultation. Note any Florida Bar member can give you the advice you seek, but you may wish to find an attorney near Hudson if you wish to proceed.
I agree with Mr. Rosenblatt and Mr. McDonald. You also need to find out if Medicaid has any liens against her estate. I suggest that you contact and retain a probate attorney. Alot of the work can likely be done over the phone and through email. Most AVVO attorneys offer a free initial consultation. Contact one of us today. Good luck.
B. Elaine Jones, Esq.
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