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My aunt died and one of the executors, her sister, has taken all non financial assets ( jewelry, furniture, antiques, etc.)

Fort Myers, FL |

None of the non financial assets were appraised . The trailer my aunt had was only estimated as to value . There were 29 beneficiaries and all financial assets ( Cash ) either have been distributed or are in the process of distribution . The estate financial assets total a little over 2 million . The sister did purchase the trailer based on real estate agents' estimates of what it could sell for . The estimates were from 70 - 80 thousand dollars . The sister purchased the trailer for $ 71 , 000 from the estate . The antiques ( bar , grandfather clock , sword ) , jewelry and household furnishings could have a value of over $ 30 , 000 . The amount could be more , however , no valuations were done by qualified appraises . Does Florida law require all assets to be valued by qualified individuals ?

The sister received $10,000 in the will and is one of the 29 benificiaries. All beneficiaries were to receive 1/29th of the assets after the $10,000 to the sister. There were no separate provisions for non financial assets.

Attorney Answers 3


  1. Best answer

    Florida law does not require all assets to be valued by qualified individuals. Many attorneys do so in an effort to eliminate this issue. If you think you were significantly short-changed, then it may be worthwhile to hire an attorney to fight for your entitlements.


  2. Any issue or potential issue you have with regards to the distribution of assets should be handled through the attorney representing the estate or via an objection you file in probate court. You can hire an attorney to represent your interest in the estate. You may also be able to have the attorney fees paid by the estate if the court allows it.
    Good Luck.

    Answer does not constitute legal advice. (727) 471-0039 or arauman@protectyourfuture.com, This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  3. Tangible personal property may or may not be distributed in the the same manner as cash assets. Your deceased aunt may well have left all of her tangible personal property to her sister. You'll need to verify that in the Will.
    If your aunt was not left the tangible personal property, she would have needed to divide the tangible personal property amongst the beneficiaries.
    That being said, if you were only to receive 1/29th of the property is it really worth the cost to hire an attorney? If you are correct that she was not entitled to the tangible assets, the costs would be borne by the estate. If you are wrong, you would have to foot the legal bill yourself.

    Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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