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Friend died January 09 left me money as a gift. Will out of probate in feb10. How long do I wait to question the executor

West Palm Beach, FL |

Money was left for me to move back with family knowing I would want to do that. Executor seems to be in no hurry. Spoke with executor couple months ago and seemed she was about to handle this. I dont want to seem ungreatful, but do I have a legal right to ask for it?

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Yes you have every legal right to know the events in the administration of this estate. Estates must be completed in FL within 12 months uless the court gives permission otherwise. Normally once the Creditors Notice has been published, 3 months will pass and the known creditors are known and paid off first before any distribution is made to any heirs. I do suggest that you go to the Clerk of the Court where the decedant residented and read and or copy the docuemtns that have been filed to get a better undertanding of the matter.
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.


If you are named as a beneficiary under a Will you certainly have a right to be kept abreast of the probate proceeding. From your question, however, it's not clear how long the probate of the estate has been going on. I would need more details to better advise you.

LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.


I do not know if I completely understand what you mean by "Will out of probate in feb10." As a beneficiary under the will you have a right to be apprised of the probate administration. I would contact the clerk of the court or go down to the court to view the probate file to see the status of the administration. After you learn a little more information it may be a good idea to contact an attorney.

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