Legal Question in Wills and Trusts in Florida
My brother is the executor of my parent's will. He has not distributed the assets properly: He has kept the contents of 2 bank accounts; has cashed checks that were derived from assets of the estate;he has never given me a copy of the will/trust; he has not given me an accounting of the assets. He has stolen from me and my parents in the past. How do I proceed in order to protect myself. He and I are not on speaking terms. I am also concerned about the major asset which is my parent's home. He lives in it in Ft Pierce, FL and gives me no records of taxes paid, etc. He may be renting it; I do not receive any revenue from this house which is half mine. I live in Georgia. What can I do, legally, to protect myself? Thank you.
3 Answers from Attorneys
"IF" you are an interested party, then you are entitled to many of the items you seek. Also, you have the right to challenge, and ultimately approve of any accounting. There are several other rights you may have.
The problem is that you cannot do this yourself. You need a local probate attorney to represent you. I don't see you being able to do this on your own. Especially if you are not on speaking terms.
Get a local probate attorney as soon as possible. You need to find out if he has even opened a probate and has actually been appointed by the court. If what you say is true about his history, it may be that he should not serve as the Personal Representative of the Estate. You can challenge this appointment and seek to be appointed yourself.
You need to force him to produce the will. Open up a probate and if he will not surrender the will, then file as intestate - which means no will but as a sibling of the decedent you will received one-half
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