If my ex died no Will, how to transfer property to our minor children?

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If my ex died no Will, how to transfer property to our minor children?

His siblings and mom don’t want it and are willing to sign over the property. Speaking of 2 automobiles and his bank accounts.

Asked on August 28, 2012 under Estate Planning, South Dakota

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Because your ex-husband died without a will, state law defines who inherits his assets.  In Florida, your children would be entitled to inherit your ex-husband's assets, not his siblings and mother.  For small estates (under $75,000), Florida has a quicker and easier method of probating the estate than a full administration.  Most states have similar procedures.  You will need a lawyer to help you with this, especially since your children are minors.  The Probate Court may require a guardianship to handle the children's funds.  I suggest you contact some estate lawyers in your state for guidance.


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