I am the deceased beneficiary/sister and know of no loan. PR has no contract. My sister mentioned how nice PR was to deposit $ in bank, when she was sick in 2009.
I contested the claim. Because of this PR is not processing probate it has been 17mths since her passing and the PR has made no pmt to creditors, funeral exp., condo assoc. placed foreclose on condo-for non-pmt. I've been trying to settle with her, with no luck.
I'm at the point of wanting to call her bluff and let the judge decide.
My sister has money & would have pd her back, if it were a loan, she had 5 yrs. to pay it. I have no access to my sister's bank acct. to know if she pd. PR back
If I were to make a hearing to discuss this loan , in your opinion, what would be the out come?
cont. try settling w/PR?
If you disputed it timely, then her only recoruse is to file a civil suit over the money. Your attorney should be able to tell you about this procedure.
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.
There are specific deadlines and duties that the PR has to satisfy. If you haven't done so already, I suggest that you contact a local probate attorney to review the case file.
There are many factors involved her and too complicated for this forum. GO SEE AN ATTORNEY
The information herein is for informational purposes and general information purposes. It should not be relied upon. Consult an attorney for legal advice that you can rely on.
While all of the information in your narrative requires more details and a review of documents to accurately evaluate your options, what you have described clearly shows that there are a series of problems where your interests can only be properly protected by hiring an attorney to assist and represent you. Trying to represent yourself on these issues without an attorney will immerse you in issues of probate law that you will not be able to properly argue to the court. Thus if you schedule a hearing, the most likely outcome is that you will lose. If you delay further by trying the have discussions with the PR, you may miss important deadlines. Thus your best course of action will be to consult with and hire an attorney.
It is just silly to think that you can handle this without an attorney. That is what you need to line up now.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
There are a number of options available to you. I practice in your county and offer free telephone or in-person consults. Perhaps there is a way to evaluate your options and then choose the best course of action with the advice of an attorney. It may be necessary for you to file documents with the court which you can do on your own however I have seen many times where persons attempt this and either leave something out that is necessary or do not provide the correct attachments (orders), etc. I encourage you to find an attorney that can offer you a consultation at no charge.
I am very sorry for your loss and wish you well.
You very badly need to retain an attorney experienced in probate. If you did insist in trying to have a hearing, and showing up yourself, the judge would very likely tell you to retain an attorney. Once you have retained an attorney, the PR will know that you are serious, and will be made to understand the risks (being assessed penalties by the judge) she is running by her course of conduct. With the help of an attorney, you might be able to get her to agree to resign as PR and have you replace her.
I practice only in Florida. So my comments are only applicable to situations involving Florida law. In general, the laws of other states are similar, but there is no guarantee of this. It is advised that you consult a lawyer who practices in the state where the issues have arisen.
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