Legal Question in Wills and Trusts in Florida

My Dad passed away and my I received a petition for order authorizing distribution of tangible personal property that was done by my two sisters who are executors on the will. I have two other brothers and all of us (boys) were very close to my father, my sisters not so much but they did live near him. My sister said this is our chance to request any items from the house we would like to have and the value would be taken out of our inheritance. I don't see any type of form where we can put down what we want of my father's. The only things given to the children that are listed are for the two sisters who drew this up. I'm questioning if it is legit and if they can charge us for my dad's belongings in the estate. Thanks


Asked on 8/09/14, 11:33 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

The will should determine who gets what. If the personal property is part of the residual estate,

it would be shared in proportion to the inheritance percentage. I would question why and if it should be taken out of the inheritance.

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Answered on 8/09/14, 12:21 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

I suggest you consult with an attorney immediately to discuss this in more detail. I agree with Mr. Slater, it would be odd for any distribution of estate assets being charged against other distributions. If your father had a will then the language of the will determines distribution.

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Answered on 8/09/14, 1:09 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Seek some legal guidance. If the personal property was not distributed as allowed by law, than selected items can be deducted from your residual share of the Estate.

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Answered on 8/10/14, 6:13 am


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