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Zoey, JD
Zoey, JD, Criminal Defense Lawyer
Category: US Law
Satisfied Customers: 23946
Experience:  Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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My Dear Mother passed away recently leaving seven siblings.Mum

Customer Question

My Dear Mother passed away recently leaving seven siblings.Mum has lived in the USA for thirty years. Three siblings live in the USA and four siblings live in England. Most of Mums estate is in the USA. There appears to be no will. I live in England and have always kept in contact with Mum.What will happen to her estate, have the four siblings in England a claim on Mums estate. What do we do?
Submitted: 2 years ago.
Category: US Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Sorry to hear about your mum.

Is her estate substantial in the US?
Customer: replied 2 years ago.

No I dont think so. Mum has a condo worth approx $30.000. Also a bank account and I think an insurance policy. I do not know how much is in bank account or how much the policy is worth.


 

Expert:  UKSolicitorJA replied 2 years ago.
which state was she living in ?
Customer: replied 2 years ago.

Florida.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

The estate should be shared equally amongst all the siblings in that case if your mother had no surviving spouse.

Hope this helps
Customer: replied 2 years ago.

I have already browsed Florida Law as regards XXXXX XXXXX Realise all siblings are treated the same. But what do I do in England to ensure Mums estate is fairly distributed to all siblings as I do not know what is happening over there as communication is poor. One of my brothers is a benificiary to a bank account in Florida. What does that mean in the USA if there is no will.

Expert:  UKSolicitorJA replied 2 years ago.
I will pass on this query to a US lawyer for further advice. Please do not reply to me as it will delay the query.
Expert:  Zoey, JD replied 2 years ago.
Hello,

My name is XXXXX XXXXX I am a US lawyer.

If your mother left no surviving spouse and no will, all of her estate would be divided among all of her children. Various kinds of holdings, however, do not pass through an estate. If your mother had a bank account and your brother was the sole beneficiary of that bank account, then whether or not your mother left a will, your brother would be entitled to the full proceeds of that bank account.

I can give you an overview of intestate succession in Florida. This is oversimplified but it's very intelligble. From there, you can look at the actual Florida intestasy laws.

This is a complicated area of law. I don't know the relationship between you and your siblings, and you are a continent away from the situation. If you're estranged from your siblings and the estate is sizeable, it would be a good idea to talk an estate lawyer in Florida to see if you need someone to represent your interests.

You could find one by contacting the Florida State Bar Association's Lawyer Referral Service. They charge a fee of around $50, which includes a free half hour consultation with the lawyer. You can have that via the telephone if necessary.
Customer: replied 2 years ago.

We are not estranged. Mum came over to the UK to visit on a regular basis. The condo is both my brothers main residence. My sister in Tennasee is happy for one brother to have the condo. For what the condo is worth to sell there will not be much if anything left to divide up between us. However there are three other siblings here to consider, I personally would be happy for my brothers to have the condo. To make an informed decision how can I find out how much Mum's estate is worth. Are there any other benificaries?.

Expert:  Zoey, JD replied 2 years ago.
Nope. If there is no will and also no surviving spouse, the children get everything.
Customer: replied 2 years ago.

Just one more question. How can I find out exactly what Mums estate is worth. As there are conflicting answers from brothers and sisters in the USA. One brother is saying Mum has left my youngest brother everything as a benificiary. My sister is saying the youngest brother is only benificiary to Mums bank account.

Expert:  Zoey, JD replied 2 years ago.
You would need to retain an estate lawyer and get him involved to get a reckoning of the estate. He could see that an administrator is appointed so that all get their fair share.
Zoey, JD, Criminal Defense Lawyer
Category: US Law
Satisfied Customers: 23946
Experience: Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
Zoey, JD and other US Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help. I would have gone over to the States, but have had major emergency surgery and came home from hospital the day Mum died. Will not be able to go over for at least two months.

Expert:  Zoey, JD replied 2 years ago.
Hi,

I'm sorry to hear about your surgery. The least confrontational way to deal with this situation would be for all the siblings to discuss it together and make plans from there. But if you can't get over there and you want to be sure that you're kept in the loop, an estate lawyer in Florida is your best resource.

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