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Out of state heir needs to monitor estate lawyer, what problems could this cause?

Safety Harbor, FL |

Father & Mother die, leaving homestead in Florida. Their only child is executor, but he lives far from Florida. Son hires local RE agent and lawyer to sell house, but also desires cousin in Florida to watch over local situation and assess performance of agent and lawyer. Son has more personal trust in cousin than in hired agents; cousin is an accountant.

Attorney Answers 3


  1. The personal representative(executor) has to sign all of the paperwork generated inside the estate and this can not be assigned.
    The son should hire an attorney he trusts and not complicate the situation.
    The son can hire the accountant to do any tax/IRS/accounting work but this should be coordinated with the attorney.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. And as already pointed out, you have a combination of issues involved here, that may well involve the assistance of ANOTHER attorney to investigate all matters! Specifically, an attorney that can be objective and determine if any "undue influence" or other “in-appropriate” actions are occurring! Remember, estates do require that everyone act in a "fiduciary" capacity so proper safeguards could already exist. But, obviously you feel something is "amiss" here; so I would perhaps follow your "gut" and either ask as many questions as you need to ask to all parties involved; and/or hire another attorney to do the same on your behalf...As an aside; if you found my direction helpful and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question? I truly wish you the best of luck in pursuing this matter!


  3. Son is personally within his rights to have agents that he has hired, as personal representative, also report to the cousin. What problems can it cause? That depends. Both the realtor and the attorney owe duties to the Son since he is their client. As long as they perform their duties professionally and competently, there should be no problems.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : 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.