Legal Question in Wills and Trusts in Florida

Re: Executor Change

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A resignation must be filed by your brother giving up his right to serve at Personal Representative. A motion must then be filed to appoint a successor trustee together will additional pleadings required by the Court. A hearing will be held by the Court to determine the validity of the motion and the subsequent appointment by you.

There are no forms for this kind of activity in an estate. I would strongly suggest that you retain a local probate/real estate attorney to represent your interests and the subsequent sale of the residence. Please call me if you have any other questions.

Scott R. Jay, Esq.

Re: Executor Change

An attorney is necessary since court proceedings are required. Good luck.

Re: Executor Change

It is not a complicated procedure, but an attorney would be required. Why not use the attorney who is already representing the brother? If you wish to obtain different counsel, that would be okay too.