Legal Question in Wills and Trusts in Florida

My sister is executor of my fathers estate, everything has been dispersed except for his house. Besides my sister, I have two brothers and another sister as 1/5 inheritors of my fathers house.

My Dad passed over two years ago. My sister the executor changed the locks on the house so none of us could get in over a year ago. Can she keep us from having a key to what amounts to a house that belongs to all five of us?

Second question. The house has been for sale for a year and a half. We get no information on or input into how much we should sell the house for. The realtor she hired will not give us any information. Do we have any recourse or rights in the sale of the home?

Lastly, we told our sister when my Dad passed to take $25,000 to use for bills incurred in the upkeep of our fathers house until it was sold. We have no idea what she has spent money on, how much she has spent. Does she have to account for that money.


Asked on 12/26/12, 8:09 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You fail to indicate what state has the probate.

1. Yes, she is in charge until the house is conveyed. Why not have it rented?

2. Yes, if you want to buy it or force a sale.

3. Yes, you may seek an accounting.

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Answered on 12/26/12, 8:22 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Was the house his homestead when he died? If yes, then the property should pass outside of probate and you each get your 20% input on what happens with it. All the rest of your questions depend on the answer to the initial inquiry. Hire an attorney to represent and protect your interests.

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Answered on 12/26/12, 9:53 am

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