I have an estate issue in Florida. My brother stole jewelry that was to be endowed to me.
He lives in NY and will be served
shortly. He has ignored prior letters from an attorney. How long does it take to hire a someone to serve him? Can my brother ask for an extension after the 20 day period he has to answer the verified complaint? After he answers, what is the next step in the Florida civil courts?
It should not take long to hire a process server. I assume your attorney is handling this. Your brother's attorney can petition to court for an extension to answer the verified complaint or he can informally request and extension from your attorney and they can come to a satisfactory agreement. Was the jewelry stollen during an estate administration or before estate administration? If the jewelry was stollen before the person who signed the will or trust passed away, it may be more difficult to prove that the jewelry should have been an estate asset.
Generally, interrogatories and requests for production are exchanged. The, perhaps mediation, or trial, if the case cannot be settled. If this is a criminal matter, that needs to be resolved before the administration of the estate can be completed. Good luck, this won't be easy,
Attorneys McMahon and Pippen provided differing answers, but they are both correct. Attorney McMahon's discussion of civil procedure is spot-on, while Attorney Pippen's note that you need to return to your own attorney with questions is correct. The reality is that your own attorney will have far more knowledge about the facts of your case and the application of the law thereto than will an attorney who is only reviewing your questions on the internet. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor... more
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.
I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.