Legal Question in Wills and Trusts in Florida
If there's a conflict of interest and an executor is the grandest creditor and did sell a lot of property, which only benefited the executor and the executor has lied all along and so has the attorney that's handling the estate, we have it in writing in their own corespondance with each other.
What can be done at this point of time? We are still in probate. Thanks!
2 Answers from Attorneys
If you are a beneficiary or interested person under FL probate law, you may object,
contest issues, request complete accounting, etc. You are advised to be
represented by an experienced attorney who can assist you in weighing
issues and options.
Couple of possibilities. First, you can petition the court to remove the executor for malfeasance. Of course you should know that being also a creditor is not grounds in of itself to be removed. You have to prove something improper or illegal.
Another is that as a beneficiary, you have rights such as receiving copies of the Inventory and an Accounting. If you object to the accounting, you can file it with the court and have a hearing on it.
These are some difficult matters to handle on your own, so maybe you should consult with an attorney with your evidence first.
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