Legal Question in Wills and Trusts in Florida

can I contest the exutrics

My husband recently passed awy w/o updating his will. He left his sister as exectrics. She hired an attorney and fired him w/o my consent. We are now out $2500.00 due to her lack of judgement and research(she lives in another state) She has already hire another attorney over the phone w/0 researching it. legally Do I have any say in who she hires since it is my money that she is wasting and can I contest her being executrics? Do I have any rights since I am the wife


Asked on 10/20/02, 10:06 am

2 Answers from Attorneys

Re: can I contest the exutrics

You do not say whether you are a beneficiary of your husband's estate under the will; but, even if you are not, as the spouse, you are entitled to an "elective share" of the estate at a very minimum. This makes you an "interested person." Therefore, as an "interested person," you may contest the appointment of your sister-in-law as the executrix of the will, especially if you can claim that she is "wasting" the estate's assets.

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Answered on 10/28/02, 10:12 am
David Slater David P. Slater, Esq.

Re: can I contest the exutrics

As a beneficiary of the will you are entitled be represented and make sure the executrix is acting responsibly. If assets are being wasted you certainly can seek aid from the court. Call me should you need representation at 561 998 9401

Good luck.

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Answered on 10/20/02, 8:19 pm


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