Legal Question in Wills and Trusts in Florida
Is probate required
My father passed away in Florida this year. He was at the time of his death an heir to his mothers unsettled estate in Tennessee. Since his death the farm has been sold and the current wife was paid 1/3 of the funds. Should this not have been put into probate? Are his children legally entitled to a portion of these funds?
We have been told it is illegal for her to accept these funds without placing them through probate. If this is the case what steps would we need to follow to recoup these funds?
2 Answers from Attorneys
Duty to account
Louise Aron
Attorney at Law
Lakewood Office:
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Lakewood, Colorado 80232 USA
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Cherry Creek Office:
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Denver, Colorado 80209 USA
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LawGuru User
Dear LawGuru User:
I don't have enough information to answer your question with certainty.
Probate is a process, not a place. With or without probate, the law, and the wishes of the deceased, must be followed.
Your grandmother's will and your father's will need to be examined by a lawyer to determine what property you and your siblings are entitled to upon their deaths.
The personal representative (executor) of your grandmother's estate had (has) a duty to make disbursements only to those who are heirs. A personal representative must account for all disbursements. If this was not done, the personal representative for your grandmother's estate, his or her attorney, and/or the court in the county where papers have been filed should be contacted immediately.
If papers have not been filed to initiate a probate case for your grandmother, then it is likely that Tennessee (I practice in Colorado) has procedures which you and your siblings can follow to accomplish that.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
My web site http://effectnet.com/la/
Re: Is probate required
More information is required to advise you re legal options. The wills of your father and grandmother should be read to determine their intent in distributing their property. It's not clear how ownership of the farm was held. Land can be owned so as to avoid probate. Only a review of the wills and ownership of property can reveal whether probate is required and who should receive the property. An an interested party, you can obtain information from the local county where probate has been filed, whether a will has been filed, etc. You are advised to consult with a local attorney experienced in such matters.
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