Does jointly owned property always avoid Probate?


Donna: Hello.

Attorney Tom Olsen: Hey, Donna.

Donna: Hi. My mother lived with me the last two and a half years and she passed away. I had done everything to keep from having to go probate, but when I contacted where she had some money invested, she told me she had made me as the beneficiary. When I contacted them, they said she didn't have any beneficiary. They say I need a letter of testamentary and inheritance applications.

Attorney Tom Olsen: How much money is in there, Donna?

Donna: It's not a lot, about 20,000, 22,000, something like that.

Attorney Tom Olsen: Well, Donna, the banks and investment companies tell you to do something like that, "Oh, it's so easy. Just go get letters and just bring them back here. We'll give you the money." Donna, to get letters of administration, you're talking thousands and thousands and thousands of dollars. Donna, there is a type of probate that might be available to you. Letters that come with a full-blown, full-probate administration, expensive. There's a type of probate available to you that's less expensive called a summary administration.

Donna, the bottom line is, you're going to have to do probate on this. You're welcome to call the office next week, we'd be happy to help you out with that, with getting a summary administration done for you. The end result of that will be a court order that says that that money belongs to you. You'll show the investment company that court order, and then they will turn the money over to you. Donna, call the Olsen Law Group in Orlando next week or right now, if you want, at 407-423-5561.

My name is Tom Olsen, the name of the show is Olsen on Law. We're going to take a break. We'll be back in just a few minutes.