If you can prove that the appointed PR is breaching his fiduciary duty to the estate and heirs, then the Court should take action. This is one of the things that the Court is for. But, in order to do this effectively, you should have a probate attorney draft, file, and argue your motion(s).
Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.
If you can prove the allegations, this is enough to have him removed so that the alternate successor personal repressentative can take over administring the estate. There should have been an inventory filed within 60 days after he was appointed PR. If assets were missing, an amended inventory should be filed. You should consult an estate administrtion attorney - one that is not representing your brother to assist you. You will need an attorney to file a Petition with the Court to have your brother removed.
If your brother violates his fiduciary duties, he can be removed as PR. Your questions lead to more questions and you really should consult with a probate litigation attorney. These matters are expensive. However, you can recover attorneys' fees if you prevail.
What did he do with the cars? Did he keep them in violation of the terms of the will? Did he sell them and put the money in the estate? Did he put them in his name so they would be insured? People do things that aren't right all the time, but has the estate been damaged?
Again, I would advise you to consult with a probate litigation attorney.
Christopher Q. Wintter
Wintter & Associates, P.A.
2239 Hollywood Boulevard, Hollywood, FL 33020
Phone: 954-920-7014 Fax: 954-920-7080
Florida Statutes 733.504 would assist you in this matter as it lists the causes for the removal of a personal representative which includes among other causes, "[f]ailure to account for the sale of property or to produce and exhibit the assets of the estate when so required and [w]asting or maladministration of the estate." I would recommend seeing a probate attorney regarding this matter. He or she can assist you with filing the proper documents to the court to assist you with this matter.
Florida Statutes list causes for which a Personal Representative (executor) may be removed. One of these causes include holding or acquiring conflicting or adverse interest against the estate that will or may interfere with the administration of the estate as a whole. You need to contact a probate lawyer so he/she cal help you related to this issue. Please take note that a dispute between the beneficiaries of the estate (your siblings and you) by itself is insufficient grounds to refuse to appoint a personal representative if otherwise qualified. Again, please contact a probate attorney that can help you with this issue.
Camilo A. Espinosa
3101 Indian Creek Drive, Suite 207
Miami Beach, FL 33140
This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as