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What rights and duties does the executor of a will have

Ormond Beach, FL |

my older sister is the executor of my sisters will, she pass away 1 1/2 years ago. my sister that passed away attorney has told the rest of my brothers and sisters all paper work is done. my sister the executor had told us nothing. what can we do to fine out what is going on. my sisters will has it we all split up even what she left which we all have a copy of her will. thanks for your time and help

Attorney Answers 3


  1. There are personal representatives not executors in Florida. That person has the obligation to marshal the assets and notify creditors and heirs and probate the Estate to conclusion. If you are an heir you are entitled to notice of the probate. if you have not gotten that, then you should check the circuit court records for the county of your sister's death to see if the probate was ever filed. If not filed and you have the will you can and should go to an attorney to have it probated. If probate filed, then hire an attorney to handle your claims, if any, as an heir.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  2. Your sister, as the Personal Representative, has the fiduciary obligation to keep you informed on the progess of the estate proceedings. If she refuses to do her job, I highly recommend you hire an attorney to force the issue and have her surcharged with any costs and expenses you may incur.

    This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.


  3. Ask your sister, through her attorney, for a full accounting of the estate. If everything was done properly, this seems like more than enough time to get all the creditors paid and marshal assets together. If she refuses, the beneficiaries (including you) will need to hire their own attorney to find out what is going on.

    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.

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