Legal Question in Wills and Trusts in Florida
Contested will ...who is in charge?
Recently a relative passed. Will was found and filed with the court. The personal represenative named in the will has been maintaining the dead relatives home and paying the bills out of her own pocket.
Last week she found out that the house had been broken into by another beneficiary named in the will. This beneficiary has decided to contest the will. The beneficiary, along with her attorney went to the house with a locksmith and changed the locks on the home. Her attorney said that she had the right to do this since she is contesting the will. I think that her attorney is the one that called the locksmith.
The other beneficiaries were really surprised and angered.
Can anyone that contests a will just go and decide to take over a dwelling based on that fact?
The PR is looking for an attorney to handle this.
2 Answers from Attorneys
Re: Contested will ...who is in charge?
the Personal Representative has a duty to marshall all estate property and protect it during the probate process. Without being in title, no other person has superior rights to the home. The Personal Representative should get counsel immediately. Good Luck.
Re: Contested will ...who is in charge?
Assuming the property is subject to probate and that the beneficiary who changed the lock did not have legal rights to the house prior to the owner's passing (i.e. the beneficiary was not on the deed), the personal representative has superceding rights and a fiduciary duty to control the property until probate is finalized and the court determines the rightful owner of the home. If the will has been admitted to probate, it is still presumed valid. If the will is being contested, the will remains valid until the court determines it to be not valid. I strongly recommend that the personal representative consult a probate attorney.
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