Legal Question in Wills and Trusts in Florida
My brother is the executor of my fathers estate. He is not the person my father thinks he is and knows all his safe combonations. I know there is an abundance of cash in them. I believe when my dad dies my brother will clean out the assets of the house for himself. My mother died a few years ago and he and his wife stole all my mothers jewelry. I am her daughter and she had it put away for me and I received nothing. My father has many guns, coin collections and other valuables in his house. I am very concerned at what my brother and his wife will do. There is no way I could convince my father what kind of people they really are. Can someone please give me some guidance?
2 Answers from Attorneys
It is up to your Dad to recognize and take action to make sure you are protected. You don't have to convince him of the nature of your brother, you just have to make sure the estate plan distributes assets as he wants. The fact that your brother is personal representative of the Estate does not give him the power to take assets that are not his including cash in safety deposit boxes. Perhaps you can convince your father to give you the keys to some of the safes with the cash inside so you have control over those sums.
Is your dad of sound mind. If not, perhaps you could file a guardianship over him and then assume control of his assets. If he is of sound mind, then ask him if he would be willing to outline what is in the safes and safety deposit boxes and give you and your brother a copy of the list. That way you both will know what is in the boxes. Or in the alternative, ask him to prepare a will listing the assets that will go to you and give you a copy of the will and file the original in the county clerk's office so that there will be a fair distribution of his assets. Short of that, you could mention to him, that without something done legally that you will not be protected and is that really what he wants.
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