Legal Question in Wills and Trusts in Florida

it has been filed at the court house: in the estate of ........named deceased.... Probate Division...

regarding claim by PR individually...in this claims the personal rep. owned 40% of a company and

what it takes for the others beneficiaries to regain their 25%, what each owes to the PR and how much of the company is theirs. Can the PR hold to this claim when in fact their are telling us different verbally, saying whats recorded is not true and this is really the way it is, you in fact due own 25%.

Also, we found out, we the beneficiaries found out the company is 50 thousand in dept. The books have not been gone over with us and their are some questions on some labels about where the money went: like: labeling some american express bills exceeding some 22,000.00 but what for and quick books labeling the company made 62, 000 some thousand for the year but only having 6,000 in checking and questioning how the money is being spent, petty cash, excessive, but not showing what.

Who would pay the attorney for probate if one of the beneficiaries felt they were in need of understanding without a fight but just having understanding of the bills and their right to 25% of the company left in the will not less than what is not recorded at the court house, stating 19 %. Do you take cases for just going over things, like the amounts spent and protect my 25% not 19% of whats stated or being recorded? I'm afraid that I'm not an attorney and have no legal council of what's law and might be in need of. Can you take a Florida case and bill the estate and or give me a fee that you would charge for doing so on the best interest of myself and protecting what I know the will was intended to give me? What do you charge or what is fare of another attorney to charge if I have all the numbers given by the account and lawyer yesterday? I do not know what is fair to spend on the accounts or not, what should be spent and what shouldn't, if bills did not have to be as racked as they are or not as racked, what you need to pay and what you don't, who has the say of my 25% or not, do I even get a vote as to what's going on or not, what about me and what I believe might be best for me in the future, how will I know? Can you help? Thanks. JW


Asked on 7/02/11, 10:04 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the described facts, the legal procedure to be followed and the legal options available will vary greatly depending on the details which will not be known until a full accounting of the estate administration is available. A beneficiary has a right to demand such accounting from the probate court with being represented by an attorney. However, it is advised that you assemble the available information regarding the PR's administration thus far and discuss it with an experienced probate attorney. Fees and related expenses of such legal actions will depend on the required actions to be taken. The estate may be held responsible for such legal costs by a beneficiary (interested person) who has a genuine interest in objecting to actions of the PR or petitioning the court for specific orders such as a change of PR, audit of certain accounts, disallowance of certain charges to the estate, etc.

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Answered on 7/02/11, 10:28 am
Sanford M. Martin Sanford M. Martin, P.A.

A slight correction to the previous response is required. The second sentence should be: A beneficiary has a right to demand such accounting from the probate court WITHOUT being represented by an attorney. So, as a beneficiary, you can demand an accounting representing yourself.

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Answered on 7/04/11, 7:05 am


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