Legal Question in Wills and Trusts in Florida

contesting executor?

How do I file papers with the court to contest the appointment of my dishonest brother as my deceased mother's executor? What papers need to be filed and can I do this from out of state without an attorney?


Asked on 1/28/08, 8:22 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: contesting executor?

You can appear in the probate as an interested party and apply to the court for letters of administration yourself. If you become executor, you can then hire a lawyer that will be paid by the estate to assist you.

You will probably need legal assistance though to contest your brother's appointment and petition to be appointed yourself.

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Answered on 1/28/08, 9:52 pm
Robert Roemer Robert Roemer

Re: contesting executor?

In Florida, you need to retain an attorney

in a probate case.Also,you need a attorney to advise you what grounds may be used to fight the appointment of your brother. If you need assistance feel free to contract me.

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Answered on 1/28/08, 10:01 pm


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