father just died , no will?, uncle might try and take everything?

Question

im' 22 years old , my father just died the other day . i'm his only child , hes divorced and never remarried. i'm about 85% sure he never wrote his will and since i'm his only child i get everything. I'm not here to see if i get his money , i'm worried i'll lose everything from the house to my car and my dads past things and stuff that mean everything to me as i grow up. I'm worried though that my uncle , his brother will take everything from me becuase he had my dads paper work for his life inssurence. But i have more paper work on other things....
i'm not ready for this and i don't know where to begin with legal crap.... does anyone know where i can get info on laws about deaths and rights in florida?
or any other info you could give me would be great...

Answer 1

you are the next of kin, not your uncle. Life insurance will go to whomever your father designated when he bought the policy.

Answer 2

If your father died intestate (no will) in the state of Florida, the estate will need to be probated anyway in order to change title on the car etc. Unless your dad named his brother as executor of the estate, that job should fall to you. Basically Florida law says if there is no will, the estate (after bills are payed) would be divided 50% to the living spouse and 50% split between any children of his. In the event there is no spouse 100% would be split among his children, since you are an only child it all goes to you. The only way your uncle would get the estate is if there were a will bequething it to him or if you passed on. The smartest move you can make is to contact an estate lawyer--won't be that much unless there is a lot of money and a lot of detail work involved.

Answer 3

I'm no lawyer but I am sure that a child takes precedence over a brother when it comes to inheriting. Someone has to be executing the estate I think. Find out who and start there. If your uncle does try anything underhanded speak up and make a stink - insist your fathers handwriting be verified by an expert, or whatever it takes. Don't let him get away with it!

Answer 4

Sorry to hear.

Sounds like you are in line for all the assets and most likely the issues that could come up would be over the life insurance proceeds.

Definitely contact a lawyer with experience in wills and estates. But keep in mind that even if your uncle has your dad's copies of the insurance paperwork, the insurance company will also have copies.

I don't see why your uncle having the insurance paperwork would allow him to take any of your father's assets.

Answer 5

You are his blood and the only heir of him therefore you get everything...if you weren't born, and he didn't have any children, It'll go to his parents if he wasn't married. If he didn't have anything, it would go next to kin which is his brother(s)/sister(s). Make sure you get what's yours, don't let other people take what is rightfully yours. Take control before someone else tries. Your uncle knows the law and the insurance people knows the law too therefore, talk to him and ask what can you do in order to keep everything friendly...I'm so sorry for your lost! I have lost my brother 2 years ago in a car accident and there was this big ol mess.

Answer 6

Instead of trying to get "information" on laws, etc., go straight to the horse's mouth; an attorney. You can first start by contacting as many attorneys as you can through your local Yellow Pages, looking under the headline corresponding to "wills, testaments, estates", and/or "family law". While not solving your problem over the phone, you'll be surprised at how many questions you'll get answered right there on the phone.

From the answers you get, and depending on the amount of funds you'll be able and willing to spend, then you will choose who to represent you in this matter. This does not mean you are going in any way legally after your uncle. It does not mean you are starting up a fight of any sorts. You are just looking out rightfully after your own interests.

The attorney and his or her assistants will direct you in the proper direction to follow. Whatever you do, don't rest on this one; it will be worse later on if you remain idle now.

Answer 7

Find a lawyer that you trust. Tell them what you know and give them the information that you have on your dad's estate. I have been through this twice with my mom and my husband, neither one of them had a will when they died. My sister fought me on everything since we are the two survivors left in our family, my parents and brothers died many years ago. My husband died almost four years ago. Your lawyer has to get the paper work together to make you executor of your dad's estate. It is going to cost you money though. To settle without a will cost around $4,000.00. You ought to get your will made once you get all this settled. A will cost around $175.00. If your dad had you as beneficiary on any of his insurance or other benefits, they money goes to you. If he had his brother as beneficiary the money goes to him. You need to get all the paper work together that you have and give it to your lawyer and then let him handle it from there. Take inventory of all your dad's belongings, furniture, cars, homes, etc. and give a value to your lawyer. Any bills you pay for your dad you keep the records. Make documents of everything that you give your lawyer. I am not sure what your rights are in Florida since I am in Texas but that is what your lawyer can tell you. Best of Luck to You!

Answer 8

dear jen i have 2 fathers that dont spend any time with me a step dad and a real dad and no matter what you do just try to make the right decision no matter what happens and if anything you can go to the library and read if you find yourself with nothing cause you always have choices and you always have something be good and dont let the bastards git to you you may stray away from the path of good but when you come back to good do a whole hell of a lot of good start a garden for therapy even if its just one plant in a container go do alittle nature walking and be home before dark drink your fluids and wash yourself dont git so depressed you start not taking care of your self you can only learn so much at a time so it takes time to heal so dont beat yourself up to badly about what happened to you and work on developing who you are even if you dont know who you are and even if no one stops by there still thinking of you i thought enough of you to try to write something nice be good

Answer 9

You poor thing, firstly please accept my condolences on the loss of your father, it must feel terrible for you.
I think it is best if you consult a lawyer and explain everything to him, take all your paperwork with you.
I am sure that you should get everything being that you are his daughter but, you need to be sure in case there is any paper work with your uncle that says he is entitled to something or everything.
In U.K we have citizens advice bureau, if you have got somewhere like that to go then do that first before seeing a lawyer.
I definitely would seek advice as soon as possible.
Hope things get sorted out for you soon.
hugs xx

Answer 10

Contact your Attorney General and ask for his or her direction. You will likely have to hire an attorney to protect your rights. Your father's property will have to go through probate court to make sure it goes to the rightful heir. Sadly, without a will this is going to cost you some money. Through your lawyer, he should be able to subpoena the bank records to where your Dad paid his insurance premiums. Get going on this today before your Uncle is able to get any of the property belonging to you.

Answer 11

Hunny, I am sorry for your loss, talk to your Uncle, he can't take something that is not his, my question to you is, is he living in your fathers home. Someone needs to get the keys a make sure that the home is secure. If you know where he worked call them they will help you talk to someone in HR. You might have to fight for it, but usually when someone dies they look for the closest living relative, that's you, Second who is charge of the arrangements, if its your Uncle call the funeral home and talk to them they will also give you information on the insurance. Good Luck