My father's work will not release his last paychecks or his W2 to me. They said I need to get a "Letter of Administration" because his mother was listed as his emergency contact. He had no will and did not own anything other than a truck. He lived in FL and worked in GA. I live in CA. How do I obtain this "letter of Administration"? Why do I need this letter when I am his beneficiary and his rightful heir?
Very sorry for your loss.
No one will take your word that you are the rightful
So you have to present a petition to be appointed as personal representative
of the state and you may also have to deal with creditors.
You might be able to file a simplied procedure based on the funeral/last medical bills etc.
and value of the payroll checks.
Your best bet will be to hire an attorney for assistance
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
You will need to open a probate administration with the probate court to get letters of administration. You can do this by contacting a probate lawyer in Florida where he resided. If the amount is small enough, you may be able to do it yourself under a Disposition of Personal Property Without Administration. See Fla. Stat. 735.301(1). You should the probate clerk of court in the county where your father lived for the forms to do this. I recommend you also speak with a probate attorney in the county where he lived.
Being listed as the beneficiary for his life insurance only deals with his life insurance. Any other assets, including his paychecks, that are in his name alone can only be accessed through the probate process.
You will have to open up a probate estate through the courts in order to get access to the checks and quite possibly to change title of any real property he owns. Many probate attorneys will work with you and get paid through the assets of the estate.
The above information does not constitute legal advice, and is intended only as general information. You should speak with an attorney to discuss your individual case, as not all facts are known at this time. This message is provided by Don Dennis, Esq., Jones Gaglio & Dennis, P.A.
First, you should retain a "life insurance lawyer" as many claims are denied. Not sure if there was a named beneficiary, but if not, it will go to his estate. Second, you can open an estate which you can do by yourself.
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