I would recommend discussing the matter with the Attorney so you can clearly understand why the Petition was inaccurate and rejected. Further you should discuss the handling of Attorney fees prior to dismissing the Attorney to ensure you can resolve any issues related to the Estate and avoid excessive fees being charged to switch Attorneys. If you do not feel you can trust your current Attorney, changing to another law firm would be a good idea, but as Personal Representative you do need to...
You would typically add the relationship of the person who is filing the Petition or receiving the assets. I do think you should be careful in handling a Summary Administration yourself, as the bank can be very picky about what they require in the order.
I would suggest you try to find her Will, as they may be a devise for you under the Will. Wills become part of the public record once they are filed, so you should check the County clerk where you mother died to see if a Will has been filed. You also may be able to find out the details of any lawsuit from the clerk of Courts and contact the Attorney who represented her.
A Last Will and Testament can be valid in Florida when executed by two witnesses and a notary public, all within the same room as the person creating the Will, however there are several other requirements to ensure proper execution. You should be very careful when executing a Will without an attorney, as if the person witnessing has an interest in the Will, it could be contested and ultimately thrown out. Unfortuneatly it is not as simple as just signing the Will and you really do want to...
It does sound like the Personal Representative is trying to wrap up the estate and possibly distribute all assets, however if this was an Order signed by a Judge, a Petition would have been filed with it which would provide you more guidance about specifically what the Personal Representative was asked the court to do.
Your sister is able to serve as Personal Representative and Trustee without a problem. The court will most likely require a bond because your sister is out of state. A bond is like an insurance policy to ensure she properly handles the assets in the Estate.
I agree with my colleagues responses, the answer would depend on many different factors. Further, if Sue does pass before her father and her father still has capacity, her father could change the document taking you out as the husband. As it stands and from the minimal language you provided, it would seem all items would go the survivor of you and your wife.
This questions really requires the help of an experienced Estate Planning attorney, as the way the Trust or Will is drafted, when it was drafted and provisions for modificationlocated within the document will make a big difference on whether you can go against what the testator devised. The Personal Representative is a fiduciary and as such you shoudl consult an Attorney to review the document and provide you a legal opinion regarding the same.
You would require the help of both a probate attorney and a real estate attorney. You can request that property be Partitioned which would allow a sale, but you will need an Attorney to handle the same. You should also have an Attorney examine the Deed and land records as that will help related to ownership.
In order to properly answer that question, an Attorney would have to review the deed for the property which shows how the property was actually owned. Upon review, an Attorney would be able to tell you the exact steps necessary related to the property.