Steven W. Ledbetter’s Answers

Steven W. Ledbetter

Venice Probate Attorney.

Contributor Level 12
  1. My mother in law died without a will. Her son was supposedly handling the estate. How can her daughter get an accounting.

    Answered over 2 years ago.

    1. C. Kelley Corbridge
    2. Steven W. Ledbetter
    3. Arthur Harold Geffen
    3 lawyer answers

    The personal representative of an estate is vested with the responsibility of properly conducting the administration of the estate. Accordingly, the fiduciary must be prepared to report activity concerning estate property to the beneficiaries in the form of an accounting. Nevertheless, under Fla.Prob.R. 5.345, interim or periodic accountings are optional, unless required by the court. Only an initial inventory and a final accounting are required by F.S. 733.604, Rule 5.340 (inventory), and Rule...

    7 lawyers agreed with this answer

  2. Estate lawyer doesnt seem to do anything about house going to auction

    Answered over 2 years ago.

    1. Margery Ellen Golant
    2. Steven W. Ledbetter
    3. Marshall C Deason Jr.
    4. Barbara Billiot Stage
    4 lawyer answers

    I'm in agreement with the above postings. Additionally, you should consider whether or not there is any equity in the property. It is always important to do a cost benefit analysis prior to sinking an excess of money into a legal matter. I highly recommend a consultation, though, to help determine your position.

    7 lawyers agreed with this answer

  3. I am residual beneficery of my Uncle's estate. Is it resonable for me to ask for itemized spending of the Estate?

    Answered over 2 years ago.

    1. Evelyn Watts Cloninger
    2. Steven W. Ledbetter
    2 lawyer answers

    In addition to an initial inventory, the personal representative should file a statement regarding creditors. Further, you should be able to view items in the court docket (Statement of Claim/Satisfaction of Claim) that indicate the status of a creditor's claim. Last, prior to closing the estate, the personal representative will file (and provide you with a copy of) the Petition for Discharge and Final Accounting, by which you can see what's gone on financially. I recommend a...

    6 lawyers agreed with this answer

  4. Sister is executer of my Mother's Estate..can a convicted felon serve in this role in the state of Texas?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. Steven W. Ledbetter
    3. Barry A. Stein
    3 lawyer answers

    Texas Probate Code: Chapter V, Part 1: Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. No person is qualified to serve as an executor or administrator who is: (a) An incapacitated person; (b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law; (c) A non-resident (natural person or...

    4 lawyers agreed with this answer

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  5. Brother made executor and probably will steal from me

    Answered almost 2 years ago.

    1. Marcos P Martinez
    2. Steven W. Ledbetter
    3. Adam Troy Rauman
    3 lawyer answers

    If your mother was a Florida resident and your brother were appointed as the personal representative by the court, then he has a fiduciary duty to act in the best interests of all beneficiaries of the estate. That said, since probate can sometimes be confusing, some beneficiaries decide to retain an attorney to monitor the progress of a probate administration and provide counsel as to their rights as a beneficiary. If your brother has not yet opened a probate administration, then that is...

    3 lawyers agreed with this answer

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  6. Can you force a home sale if three people own house and one wants money.

    Answered over 4 years ago.

    1. Steven W. Ledbetter
    2. Jeffrey Scott Goethe
    3. Andrew Daniel Myers
    3 lawyer answers

    Mr. Goethe lays out the basics quite well. And I concur with the above attorneys that a suit for partition is an expensive process. Further, in these market conditions it is highly unlikely that a forced sale will net much money, at all, and this is after all court costs, attorney fees, and existing mortgages are paid (you mention not wanting to take out a 2nd mortgage, so I'll presume there is a current mortgage in place). You nephew does not sound like he has actively researched this...

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  7. How do i remove myself from lawsuit of fathers estate for unpaid taxes in state of TX

    Answered over 2 years ago.

    1. Steven W. Ledbetter
    2. Donald Joseph Quinn II
    3. Kamryn Maris Caldwell
    3 lawyer answers

    First, I recommend that you contact a lawyer in TX. Commonly, however, if taxes remain unpaid for long enough, the property will be auctioned to the highest bidder so that the taxing agency can recoup something. For this reason you'll want to pay attention to any timeframes and deadlines that might be applicable to the payment of the taxes.

    4 lawyers agreed with this answer

  8. Looking for some advice....

    Answered over 3 years ago.

    1. Steven W. Ledbetter
    2. Mark Rahen Bachara
    2 lawyer answers

    The answer is in the FL Statutes: Section 733.304 - A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) The spouse of a person otherwise qualified under this section....

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  9. I have a close friend who is a 50% owner in a restaurant which is organized as a corporation. They have been

    Answered almost 2 years ago.

    1. Marshall C Deason Jr.
    2. Alberto Victor Batista
    3. Steven W. Ledbetter
    3 lawyer answers

    Restaurants are extra-tricky when compared to other businesses due to the additional permits and licenses involved (e.g., liquor license, food and beverage license, etc.). The corporate bylaws will control the corporate governance, and where there are gaps, look to the statute. Practically speaking, there is a cost-benefit analysis that must be done/reviewed prior to taking any legal action, and in the case of business dealing (such as here), these must not be overlooked. It's not a simple...

    2 lawyers agreed with this answer

  10. How long do attorneys are required keep records in probate?

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Steven W. Ledbetter
    3. Mark Russell Lewis
    4. Steven J. Fromm
    4 lawyer answers

    The FL bar suggests keeping files for at least 6 years. Many attorneys keep files digitally (paperless), which would mean they keep them forever.

    2 lawyers agreed with this answer

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