My daughter is the executor of my deceased mother's will and probate has been finished for over a month and all that is left is dispersing funds. She says she will do it when she is ready and will not communicate with me or my brother. We recently sold my mother's house and the money is sitting in the estate account. There is also another bank account which we have no idea of how much is in it. She is the only one with access to both accounts and is keeping us in the dark. Is there anything legal that can be done to get her to disperse funds immediately? The will stated that we cannot contest the will or lose our inheritance but would this be considered contesting the will? We just want her to get on with dispersing the funds. She also lives in another city. Is there anything we can do?
Estate Planning Attorney
You would not be contesting the will, but would be challenging her as the Personal Representative of the estate. First off, the clause that says you cannot contest a will is illegal in FL, so has no power at all. Hire your own probate attorney to demand an accounting from her and maybe re-open probate if necessary to get the funds distributed.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
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4 lawyers agree
I strongly agree with Attorney Johnson. Hire your own attorney to pursue getting you your money. Do it now.
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3 lawyers agree
Estate Planning Attorney
How long has probate been pending? You states that probate has been "finished", but I don't know what that means. Has the claims period for the estate expired? There may be other issues that the personal representative needs to address. If the estate is opened more than a year, then the Personal Rerpresentative must petition the court to extend administration, and provide an adequate reason. Has the estate administraiton been extended?
Without know the time periods, it is impossible to state whether the PR has acted inappropriately. While you are free to retain an attorney to investigate, and potentially intervene, such intervention does not come cheaply, and sometimes aggrevates the situation, increasing the cost of administration. I always encourage open communication between the PR and the beneficiaries. Perhaps a phone call to the PR could resolve this situation without the intervention of attorneys?