QUESTION

Do I have any legal rights? My dad had passed away while residing in the state of Florida. I reside in the state of New York.

Asked on Aug 14th, 2013 on Wills and Probate - New York
More details to this question:
I'm currently getting phone calls from insurance companies requesting his death certificates and I do know he has still an bank account. No will was made and I'm the only daughter that has his death certificate after paying for his cremation.
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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If your father died as a Florida resident, as his daughter, you are one of his heirs.  If he had a will, the will determines the distribution of any assets he owned at death.  If he did not have a will, then you and any other heirs will be entitled to the distribution of his assets.  The intestacy statute (no will) provides that his assets be divided one half to his surviving spouse and one half to his children, in equal shares for each child.  If there is no surviving spouse then the children receive 100%, divided into equal shares for each child.  The distribution will be of all assets owned by your father at his death, subject to creditor claims and administration expenses.  Ifyou have siblings, then you are entitled to recover from your father's estate the cost of his final arrangements. In addition to his probate estate, you may be a beneficiary of one or more of his life insurance policies, which is the likely reason that the insurance companies have been contacting you.  Typically, to recover the life insurance benefits, you will need to provide the life insurance company with a copy of the death certificate and complete their claim form. You should contact a Florida probate attorney to determine what action may be necessary in Florida to protect your interest in his probate estate.    
Answered on Aug 14th, 2013 at 3:15 PM

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