My father died in 2016 and I just found out that he had a penssion deferred to him by my mom. His assets are only 12k and it is just me and brother. do we need to go through probate and all that estate planning stuff?
It sounds like you will need to go through probate. Whether Summary Administration is appropriate will depend on a few more facts. Since the beneficiaries are you and a sibling, you will need a probate attorney to assist you through this process. It would benefit you to speak to a probate attorney for your best option. There are several that will offer a free consultation and AVVO has an excellent find a lawyer tab. Good luck.
The size of the assets make it approprirate for summary administration. However, at least here in Broward County, when the Decedent has been gone for less than 2 years the estate is still required to go through a creditor's period, which makes a summary, in my opinnion, no "easier" than a formal. Consult with an attorney.
The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.
On the few bare facts you provide, Summary Admin may be appropriate. However, there may legitimate reasons to do formal administration anyway. Whether you end up doing Summary Admin (for which having an attorney is not mandatory), you should at least discuss your situation with a probate attorney in more detail to ensure that Summary Admin is right for your situation.
Sounds like Summary administration is right. In Duval County (Jacksonville) this can be done very quickly. Because there are two of you, you will be required to hire a probate attorney and most will give free consultations. The lawyer will walk you through the 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.
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