Can executor distribute personal & real property before probate in florida and witness did not see other witnesses sign valid?

Asked over 1 year ago - Jacksonville, FL

seem as if executor tried to circumvent probate when advise to submit will to court [waited 15 days] as of 4/30/13 no attorney has put in probate executor refuse to see an attorney for advice there are three witnesses on will and one witness did not know other witnesses was on will until after reading of will deceased carried will to this witness and asked her to sign did not see deceased sign

Attorney answers (3)

  1. Christopher Quinn Wintter

    Contributor Level 12

    5

    Lawyers agree

    Answered . It seems that you are unhappy with the way the purported will distributes the property. You should consult with a probate litigation attorney. There are at least 20 questions that your fact pattern leaves unanswered that an attorney would need to know even to begin to give you advice. First and foremost is who are you in relation to the decedent? How is the property titled? What type of property? Is there a prior will? What does it provide? and many many more.

    Again, consult with a probate litigation attorney as soon as possible and before the property disappears.

  2. Camilo Andres Espinosa

    Contributor Level 9

    4

    Lawyers agree

    Answered . I agree with my colleague. You should consult with a probate litigation attorney.

    Camilo A. Espinosa
    3101 Indian Creek Drive, Suite 207
    Miami Beach, FL 33140
    305-390-0450
    camilo.espinosa@loigica.com

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer... more
  3. Stephen Scott Pearcy

    Contributor Level 12

    2

    Lawyers agree

    Answered . To answer the first question, an executor is not supposed to distribute any of the decedent's personal or real property before probate, unless that executor is also a trustee of the decedent's trust and the distributed property was trust property.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in... more

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