Legal Question in Wills and Trusts in Florida

4 kids at 25% ea. /the pr came to the table offering to buy shares at 3,700 and you only recieve 2,000 thousand of the 3,700 hundred. After recieving the 2 thousand, you must pay back 3,700. Is this Usury? Created a loan and attached it with shares owing the estate. Example: One borrowed 15,00o. cash and sold their shares and now owes back over 56,000. to the estate. Another borrowed 6,000 and owes 21,000 to get their shares back. WHAT? Is this a take over during a Will or what? IT should be illegal. Thanks A Million! CC

Asked on 4/16/12, 1:54 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

A PR is bound by FL probate law and fiduciary responsibilities to administer the

estate consistent with testator's intent in a responsible manner. You may object to

or oppose PR actions but may require an attorney to do so. Without knowing all

the details of estate property, it is difficult to advise you regarding specific PR

offers although the distribution of beneficiary interests appears questionable.

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Answered on 4/16/12, 2:04 pm

Lucreita Becude Lucreita D. Becude, P.A.

I believe you need to present your case to an attorney and file for removal of the PR who appears to be overstating his fiduciary duties.

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Answered on 4/17/12, 6:34 am

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