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How much "transparency" is required by the personal representative?

Orlando, FL |
Filed under: Probate Probate assets

My brother is PR. He filed accounting with the court when required. But he refuses to answer my in-depth questions about the sale of estate property, paying the bills and hiring his attorney. I keep asking him for receipts, but his answers are incomplete at best. He has given me all account statements, but I don't believe them. He already created a $5000 cancelled check - which I'm sure he never wrote. He keeps saying he is in compliance with the court. I think he has been stealing. I am not satisfied. I want a judge to force him to share EVERYTHING so I can prosecute him. I won't sign ANYTHING until he does.

So my question - how much "transparency" must the PR provide, according to Florida law? Shouldn't he give heirs ALL records? Shouldn't he answer my every question?

Attorney Answers 3


Possibly. It would be up to the judge, if you object. Normally, the account is sufficient and supporting documents are not required. The judge can always ask for more. It sounds like he has provided you with more information than he was required to, already, however. You do not need to be satisfied, if the judge is satisfied. Your best bet is to retain a lawyer to review the information that was provided and determine whether or not there is reason to investigate further. This will also show the judge that you are serious and not simply trying to give your sibling a tough time.

James Frederick

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You need to have an independent FL attorney review the documents and facts of your case. Frequently once the account is filed you have a set time to file objections, commence discovery to obtain documents, etc....and you may have already missed any deadlines to object to the accounting or to obtain an order to compel your brother to release documents. Generally until the court issues an order your brother has no obligation to voluntarily produce supporting documentation for the accounting

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You need to hire a probate attorney to review the documentation you received and go over everything with you. Time is likely of the essence. If you received the accounting by formal notice you only have a short window of time to object or you are forever barred. Set up an appointment with an attorney NOW.

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