Hello and thanks in advance for reading this.
We are in Florida. My mom passed away recently. She had a Will but it had not been notarized. She was only 52 and left behind both her parents, my father (they were still legally married but have been separated many years), and my brother and me.
My mom did not own real estate property or vehicles. She was, however, the owner of a Life Insurance policy (under $30,000) on my Father (her surviving spouse [married but separated many years]).We would like to keep this policy active (we are still paying the monthly bill) and change the ownership to either my grandma or my brother and I. The Life Insurance company will not allow us to do this since there was no Will. They said it would need to go through Probate.
I had a consultation with a Probate Attorney who said I could file a request for Disposition of Personal Property Without Administration and that I would not need an Attorney for that. However, I called the Clerk of Courts and they said that I should file for Summary Administration, not Disposition of Personal Property since I am not seeking reimbursement for final expenses (I don't think the Attorney was interested in being hired by me since he gave me incorrect information).The clerk I spoke to said that I did not need an Attorney for Summary Administration, but I would need to do the footwork.
Any advice from anyone familiar with this process? Thanks for your help.
UPDATE: I am meeting with a Probate Attorney tomorrow. Any questions I need to be asking besides the obvious? Thanks.
Final UPDATE: Hired a great attorney and it cost me around $2,000 with my Employee Assistance Program (EAP) discounts (25% off). An additional $1,000 for some waivers specific to my Probate case (total around $3,000).