Do you want to know what the most common conundrum we see in our office? When a loved one passes away and the family has no idea what assets that person owned – or even where to begin looking.
No one knows what bank they used, whether they had life insurance, a 401(k), a brokerage account, or even if they had a Last Will and Testament (“Will”). And unfortunately, we as attorneys cannot just “look it up” for you. There is no centralized database that tracks everyone’s financial accounts or estate plans. More often than not, the search starts with sorting through piles of mail, file cabinets, and the occasional sock-filled dresser drawer.
You Are Not Alone – and You Are Not Failing
If you are reading this and feeling lost, please know this: you are not alone, and you are not doing anything wrong. This kind of confusion happens all the time, even in well-organized families.
It is not surprising, really. Most adult children do not use the same attorney as their parents. They want independence, privacy, and the freedom to chart their own path – understandably so. Even royalty is not immune. Prince William uses his own lawyers and has hired the firm, Mishcon de Reya, which notably represented his mother, Princess Diana, in her divorce from King Charles. This move represents a departure from tradition, as he was previously represented by his father’s legal team. Reports suggest William wanted to establish his independence and not continue using his father’s lawyers. Likewise, Prince Harry has a team of private lawyers who represent him in his ongoing legal battles. Since stepping down as a senior working royal in 2020, he and his wife, Meghan Markle, have retained independent legal counsel for navigating his post-royal life.
Independence is healthy, but what often gets overlooked is that we are all mortal. We do not know when or how we will go, but we do know that one day, someone else will have to untangle what we have left behind.
Why Families Should Talk – Sooner Rather than Later.
This is why it is so important for adult children to know whether their parents have an estate plan – and where it is stored. Likewise, parents should know where their children store key documents in case of an emergency. It does not mean giving away control or sharing every financial detail – it just means making life a little easier for each other when the unthinkable happens. No one wants to find themselves scrambling in a vacuum of sadness to find financial and legal documents.
What Happens If We Were Their Attorney?
When the decedent was our client, things go much more smoothly. We typically keep scanned copies of the Will, Trust, and related documents, along with a general outline of their assets. The originals, however, always leave with the client. And while we hope they put them somewhere safe, sometimes they even forget where that was.
And if They Were Not our Client?
If OC Estate and Elder Law, P.A. was not the law firm that prepared your loved one’s estate plan, then unfortunately, the family starts what we call “The Hunt” – a stressful search for documents and clues, all while grieving the loss of someone they loved.
The Asset Breakdown: What You Can (and Can’t) Find
- Real Estate: This one is a bit easier. Property records are public, and a quick online search can usually tell you what real estate they owned. Sometimes, the deed even lists the attorney who handled the closing or created the Deed.
- But here is a little-known (and slightly depressing) fact: many estate planning attorneys are older (because it is not exactly the most glamorous field of law, such as personal injury or entertainment law), and sometimes they have passed away, too. When that happens, their records may be gone for good.
- Bank Accounts, Investments, Insurance, etc.: There is no public registry. Families often end up sifting through mail, calling every bank in a 10-mile radius of the decedent’s last home in Florida, and replaying every financial conversation they ever had with the deceased loved one.
- Safe deposit boxes: Think of them like tiny black holes, where nothing, not even light can escape from it. Without a key – or knowledge they even exist – they are nearly impossible to access.
Even With a Statement, You Need Legal Authority
Let’s say you find a bank statement and gleefully present it to the attorney —great! But there is a catch: the bank will not talk to you unless you are the court-appointed Personal Representative in Florida (called an “Executor” in other states). Without that legal authority, your hands are tied, no matter how many documents you have found.
So, What Should the Family Do?
Start by contacting a seasoned probate attorney that focuses on probate in Florida, like our team at OC Estate and Elder Law. We can help you:
- Get the right person appointed as Personal Representative
- Communicate with banks and financial institutions on your behalf
- Track down and gather the decedent’s assets, whether in South Florida, or elsewhere
- Handle the probate process from start to finish
We understand this is not something anyone wants to deal with, especially during a time of grief. But you do not have to go through it alone. We can take over the process and provide you with peace of mind that your inheritance is being handled with the highest skilled attorneys serving Miami-Dade, Broward, the Palm Beaches, and all other counties in Florida.
Throughout this entire process, our team will be by your side, providing legal counsel, handling paperwork, communicating with the court and interested parties, and ensuring that your loved one’s estate is administered efficiently in accordance with Florida probate laws. Our goal is to make this process as smooth and stress-free for you as possible.
So, What Is the Takeaway?
Although we do not necessarily need to give out copies of our estate plans, financial records, or bank statements, we should let our closest loved ones know a few key things:
1) Do you have a Will or a Trust? (And if not, it is time to make one!)
2) Where do you keep those originals? (Locked drawer? A safe? A specific file folder? Make sure someone knows).
3) Who is your estate planning lawyer and how can I reach them? Even just a name and phone number can save your family days or weeks of confusion.
This advice does not just apply to aging parents – it applies to all of us: parents, adult children, siblings, and spouses alike. None of us knows when our time will come, and while these conversations may feel awkward or uncomfortable, having them now can prevent a major legal and emotional headache later. Getting organized now is one of the kindest things you can do for the people you love. It doesn’t have to be perfect. It just has to be accessible.
At OC Estate and Elder Law, we focus our practice exclusively on probate administration and estate planning. Our seasoned probate attorneys have the experience and know-how to navigate the complexities of probate court and provide compassionate support during challenging times. If someone in your family has recently passed away, and you need to sell the family home, transfer assets, or obtain the inheritance for you and any minor children, contact us for a free consultation at (954) 251-0332 or info@ocestatelawyers.com. Our attorneys are fluent in English, Spanish, and Russian.
