Legal Question in Wills and Trusts in Florida

My father passed away in 2021 i am listed on the will but not the executor. The executor (my brother) is stating per our Dad's wishes he gets house, car, all financial accounts all to pay for his kids college. The will just mentions who is executor and i am listed as specific gifts only. My previous question was answered about no witnesses or notary signed the will in Florida. Thanks!

Asked on 4/12/21, 9:43 am

2 Answers from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

If the Will is not valid then it does not matter what that piece of paper says. Any child can apply to be appointed as personal representative and the estate passes according to the intestate statutes. See. FS 732.101 to 732.104.

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Answered on 4/12/21, 11:21 am
David Slater David P. Slater, Esq.

Your brother is incorrect. As brothers you would share the estate equally.

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Answered on 4/12/21, 11:53 am

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