Legal Question in Wills and Trusts in Florida

My second cousin contacted me about some things in her grandmothers will that concerned her. I have read the will and I answered as many questions as I could for her. I have talked with her three times. All three times she has contacted me. On two other occasions she phoned me but I could not answer at those times and I returned her calls, but she did not answer either time. The last time I actually talked with her she said she had thanked God for coming into contact with me. I sent her a couple of e-mails with information that she had requested concerning items in the will, but I got no response from her. I told her everything that I knew about what her grandmother had and what her grandmother had told me about what she wanted both of her granddaughters to get and to make sure that neither of them were taken advantage off. Their grandmother did have a will and a named executor. But from what the grandmother told me she must have had some reason not to trust the executor and now the granddaughters are beginning to see that. I do not think that the grandmother actually named the executor. The executor named herself, she was just an in-law to the grandmother. The grandmother was 90 years old when the will was written and I believe that the will was completed using Legalzoom.com and a dishonest attorney just signed the will. I am well aware of the amount of money the grandmother had in the bank at the time of her death and a few other things. After speaking with the granddaughter and telling her everything I knew, she wrioe to me and told me she isn't supposed to talk to me any more. The few conversations we had ended on extremely good terms. There is no court order for this. I believe this young girl has been frightened by the executor. I feel sorry for the granddaughters and at this point I don't feel like I can help them at all. From the calculations that the granddaughter gave to me and the actual numbers that the grandmother gave to me, there appears to be about $110,000.00 missing from the estate and unaccounted for. The granddaughters have been told that it is too late to contest the will. It is written in the will that the executor DOES NOT have to keep any accounting or keep records or inventory for any of the money or personal items of the deceased. This whole situation makes no sense at all. It appears that the granddaughters have absolutely no recourse. According to the attorney all disbursements from the will should be finished by the end of January 2012. Also the executor gave the two cars that the grandmother had to the granddaughters. Now she wants them to either pay for the cars or have the amount of money she feels the cars ar worth taken out of their inheritance, also she has asked them to help pay for the attorney's fees. Is there anything these granddaughters can do? They are really being taken advantage of.

Asked on 11/28/11, 8:16 pm

2 Answers from Attorneys

Richard Kaplan

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They need to consult with an attorney directly. If not, they may not be fully protected.

Some points, if there is an appointed Personal Representative (Executor), then an accounting is required, unless waived by them. Also, while it may be too late to contest the Will, it is never too late to ask the Personal Representative to be removed if they are breaching their duty. A judge will not tolerate it if proven true.

Answered on 11/29/11, 4:26 am

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