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Rules for closing an estate:

Gainesville, FL |

Are there any statutes, rule or written guide lines controlling a personal representative's time to close an estate? I do not mean what he spends his time doing but how slow he is to get around to things especially when it is a simple requirement to fulfill? He gets the use of a house as long as the estate is open, rent free. How many years must I wait? What are legitiment reasons to keep it open?

Who is in charge, the attorney for the estate, the attorney for the pr or the pr?

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Attorney answers 3

Posted

Normally, the attorney for "the estate" is the same attorney as the attorney for the executor. In any event, the executor cannot simply keep the estate open indefinitely. If there is no reasonable reason to keep things going, your recourse would be to petition the court to compel distribution.
You would want an attorney to look this over, (and to assist you), if you decide you wish to take action.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

Posted

The normal timeline in Florida for a non-taxable estate is one year.
The PR can not take advantage of assets in the estate for personal benefit.
The PR can ask the court for an extension if necessary for a valid reason.
If you as a beneficiary feel "cheated"-you should be represented by an attorney.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

You should hire your own attorney to work towards getting you your share of the house. The Personal Representative should not be living there rent free indefinitely.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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