Rules for closing an estate:

Asked about 2 years ago - Gainesville, FL

Are there any statutes, rule or written guide lines controlling a personal representative's time to close an estate? I do not mean what he spends his time doing but how slow he is to get around to things especially when it is a simple requirement to fulfill? He gets the use of a house as long as the estate is open, rent free. How many years must I wait? What are legitiment reasons to keep it open?

Additional information

Who is in charge, the attorney for the estate, the attorney for the pr or the pr?

Attorney answers (3)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . The normal timeline in Florida for a non-taxable estate is one year.
    The PR can not take advantage of assets in the estate for personal benefit.
    The PR can ask the court for an extension if necessary for a valid reason.
    If you as a beneficiary feel "cheated"-you should be represented by an attorney.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Marian Audrey Lindquist

    Contributor Level 17

    6

    Lawyers agree

    Answered . You should hire your own attorney to work towards getting you your share of the house. The Personal Representative should not be living there rent free indefinitely.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  3. James P. Frederick

    Contributor Level 20

    6

    Lawyers agree

    Answered . Normally, the attorney for "the estate" is the same attorney as the attorney for the executor. In any event, the executor cannot simply keep the estate open indefinitely. If there is no reasonable reason to keep things going, your recourse would be to petition the court to compel distribution.
    You would want an attorney to look this over, (and to assist you), if you decide you wish to take action.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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