Legal Question in Wills and Trusts in Florida
Dear Sir/madam; My mother died three years ago naming me in her will her personal representative. Her only possession was a small house & furnishings. After the house had gone through probate, we put it up for sale, though the housing slump has prevented a sale so far. My husband & I live in the house & came to stay here to take care of my parents. Mom's will states that I & her three grandsons, my deceased sisters sons would each get half of the proceeds of house when sold, after expenses. In 2007, to try to save some money I had the grandson's name added on a homestead exemption form at the courthouse. Once the three other saw their names listed they contend that I had relinquished my position as the executrix of the will & insist they must approve of every move, thereby removing my ability to hire a Realtor or anything else. The estate lawyer says he isn't sure what my standing is now, though my intent for placing the other heirs on the homestead exemption papers was to save the estate money & not relinquish my position as my mothers PR. My lawyer seems wobbly & is researching the matter but I cant see how my actions could have cancelled out my mothers will as well as what the Probate papers plainly state. Have I lost my position by this action? I'd be grateful if you could help me take the mystery out of the situation I'm in.
Best regards,
Juda Stallings
2 Answers from Attorneys
The house has been distributed and is no longer part of the estate. As owners you must all agree. If you cannot, a court ordered partition is the next step.
If it was just a form and not a deed, then adding them to the homestead was improper and they should be removed from it since they do not live there. It would not affect you as PR. If you went and deeded the house to them, then you are still the PR, but the house is no longer part of the estate. You would have needed a personal representative's deed to do so, therefore, I doubt that has occured.
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