Legal Question in Wills and Trusts in Florida

In this reply to your inquiry, I assume that your brother's estate is not filed in local probate court and that as executor, you are not represented by an attorney. As executor of the estate, you are responsible for paying estate expenses, safeguarding property, and distribution of any estate as intended by your brother. Such responsibility may include the eviction of any person from property if consistent with the expressed intent of the trust and/or will. If you encounter difficulties or conflicts in this matter, such as objections from beneficiaries, you may be advised to administer the estate under the oversight of the probate court and to be represented by an attorney.

You would have to follow the normal eviction process through the court system. Visit the county department at the courthouse and the clerks can give you a packet to complete. For legal assistance, please contact my office at 904-576-2581 or email me at [email protected].

A complete answer to your question would need more facts. Such as, has the probate case been filed? Was the real property his homestead (actual residence)? If you need legal representation or advice, my office has handled numerous probate cases. Give us a call if we can help in North Fla. Good Luck. Tom Rosenblum