Legal Question in Wills and Trusts in Florida

Mom passed away leaving a home. She has 3 daughters and it goes that if daughter number 1 doesnt want to house it goes to daughter 2 if she doesnt want it the house goes to daughter 3. Daughter 2 wants the house (she is also the executor) She will have to pay the other sisters each 1/3 of the value. The issue is that she had the house and all the furniture appraised at the date of the moms death. The house has since increased in value. Can the sisters have it appraised again at the time of the sale or does the sister that wants the house pay them the lower price ? The sister "executer" lives out of state and has decided to have all the locks changed so noone but herself can enter the home. There are alot of expensive items in the home. The affects are to be divided between sisters than if not wanted than sold. The sister "executer" has had the effects appraised at a much lower price of the value. There are items in the house that the sisters would like to have. How do they get those items? The house is in the will but is in probate. How long can the executive sister drag all this out? By the way the sisters do not communicate at all so the only one that knows what is going on is the executor sister...


Asked on 9/22/14, 5:55 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your questions cannot be answered in this forum there are not enough facts. Wee have no executors in Florida only personal representatives. That person acts as a fiduciary for the Estate even if they also have an interest. They must protect and martial all assets of the Estate. Hire an attorney represent your interests.

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Answered on 9/22/14, 7:35 am
David Slater David P. Slater, Esq.

You need your own attorney to protect your rights.

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Answered on 9/22/14, 9:00 am


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