What to do if my wife recently passed away with no Will but everything that we own was jointly held and her life insurance lists me as sole beneficiary?

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What to do if my wife recently passed away with no Will but everything that we own was jointly held and her life insurance lists me as sole beneficiary?

Can I just fill out a disposition of personal property without authorization form for the state in order to open a estate bank account.

Asked on April 2, 2012 under Estate Planning, Florida

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

A will only speaks to those assets that are in the decedent's sole name and/or not otherwise accounted for.  So the joint property passes to you by operation of law and not by the terms of the will.  The life insurance passes by beneficiary designation and not by the terms of any will.  There would be no need to probate the estate is this is your situation.


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