My mother passed at 94. We had everything in line so no probate. Except we discovered a life insurance policy with our father's name on it and he already passed. How can my sister and I get the money without having to go through probate? Is that possible?
Life insurance proceeds do not pass through the probate court. However, since your father was the beneficiary of mom's life insurance policy, and he is now deceased, you have to open up a probate case for your father and collect the proceeds of the policy, and then the court would distribute them to wit: to the heirs under Dad's will, or if Dad died without a will, then they would pass to the closest blood relatives under Florida's intestacy statute. Of course, keep in mind this is just the general rule. You would need to discuss all the facts and review all the documents with an attorney here in Florida for more specific advice.
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