Joseph Franklin Pippen Jr.'s Answers

Florida -- change of personal representative

Yes-The family member can resign and if majority of beneficiaries agree-the attorney can be appointed PR. Yes-the attorney should sign engagement contract outling the fee schedule and duties. Yes-the engagement letter would cover the PR fees and duties as well and an agreement to family members fees should also be addressed.

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I'm 21 am I able to claim my trust fund my grandmothers left me when I was 8.

You are entitled to a copy of trust and accounting of assets. The trust will outline the timeline of when you will receive your distribution. If your grandfather is not following the instructions in trust-you might have a reason to petition for his removal as trustee. You will need an attorney to assist in getting your distribution and the records you are entitled.

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How long may a PR take to close an estate?

You should have an attorney request a hearing on why extension is necessary. The court will consider extensions for valid reasons and those reasons are usually stated in the petition request. My experience is that Judges like to close cases as soon as possible.

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Do probate cases ever get settled?

It is not proper for an attorney to attempt to answer your question while you are represented by another attorney. If you have lost faith in your attorney-you should terminate that relationship and seek new counsel. Sometimes it is very hard to close estates with litigation happening and unsettled issues.

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Is there anything my brother and I can do to find out why our sister ended up with all mother's money, she died in 2005.

If she sold the property and the estate was never opened-most likely she was joint owner with right of survivorship. Otherwise-she could not have passed a valid deed to buyer. She could have been a joint owner or beneficiary on all of your mothers accounts and it was not necessary to open estate or share information with you.

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Explain FS 732.517.

The simple example is-if you put language in a will that says-Anyone that contests will shall be disinherited-it would not be a valid clause and would not be enforced.

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Is this fraud my ex husband son forged his name after death so cars won't go in probate ?

His son would be entitled to automobiles if he was the only child and could accomplish this at the DMV without probate as exempt property. He then could transfer the automobile to you. This would not be possible if the deceased had other children without 100% consent. The best bet would be to have a probate attorney guide him throught the process with at least a consult.

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How long does it take to receive a check from a home sale in an estate case?

Different law offices and title companies have different procedures that they follow. Sometimes the funds are held until the creditors have had time to file their claims. This should be an easy question to ask the law firm when the checks will be issued.

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My wife's father passed away intestate but survived by her mother. He had an older separate life insurance policy worth $3k.

Yes-it would qualify for Disposition of Personal Property Without Administration if the funeral bills and medical are more than the 3k benefit.

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Can a person being a personal rep in probate [ no wiill ] have someone else helping him.

A person with felony cannot serve as PR in the state of Florida. A PR that can serve can seek the help of others.

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