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Family Will

Clearwater, FL |

Recently I lost my father and mother. They left everything in the hands of my older sister who is the executor of the estate. In the will my father left a home to me but my sister is unwilling to release it to me and we have several other properties that can easily cover my fathers outstanding debt of $34000.00. Can I sue my sister for running up a unnecessary probate bill.

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Attorney answers 5

Posted

It would be prudent for you to consult with a probate attorney about protecting your interests as the beneficiary of your parents' estates. Beneficiaries do have rights, among which is the right to proper, efficient and prompt administration. You may also want to ask your sister for an accounting, to which you may also object. If your sister is administrating your parents' estates improperly, you do have the right to petition the Court to remove her as the personal representative. However, I would start with a consultation with a probate attorney who would be able to advise you accordingly after reviewing all the pertinent documents and getting a handle on the procedural posture of the proceedings. Good luck!

This communication is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.

Posted

First, my sincere condolences on your recent loss. I think you need to consult with a local probate litigation attorney. The consultation will allow you to provide a more thorough analysis of your facts.

Sometimes, a personal representative will not distribute assets until they can determine all of the creditors and the total amount of debt owed. Once this number is determined, the Personal Representative will figure out which assets will be used to pay the corresponding debt. The order in which assets are used to pay the debt is governed by Florida Statutes Section 733.805.

Posted

I'd hate to see you expend the money to sue but perhaps a probate atty can get this situation under control: Go to AVVO.com, find a lawyer and put in the specialty area and your geographic location and attorneys should pop up. You can call a few and see about prices and availability.

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Posted

We see this often, if the home was your father's homestead, your attorney may determine it homestead and then it would not be subject to the claims of creditors. Your sister has an attorney, you might look for one to represent your interests

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

Posted

Potentially yes, you can make a claim in probate court against the probate bond. Use of a lawyer is recommended.