Legal Question in Wills and Trusts in Florida
The executor of an estate to which I am a beneficiary is disclosing assets that amount to far less than I was led to believe by the deceased. The deceased was unable to handle his estate for about 5 months prior to death. The executor was given power of attorney for about five months. The executor was also a pay on death recipient to two checking accounts. He has not been eager to disclose any information about the assets in the estate or the total value. The estate was set up as a trust. The executor did not hire an attorney to settle the estate and is handling all affairs on his own.
I receive no cash from the estate only annuities and shares of stock. The securities account of the deceased had no cash at death only stocks. I would like to see the statements of the deceased from the checking accounts and securities accounts to see if money disappeared while he was incapacitated. Is this possible?
2 Answers from Attorneys
As an interested person in the estate, you may file a petition to demand an accounting
of the estate and other issues regarding its administration. The executor should file a notice
of the trust in the local probate court. Realize that a bank account which is POD may not
be an asset of the trust. For a specific legal opinion, it is required that an experienced
attorney review all relevant documents and details regarding the situation.
You need to consult with an attorney since this can be quite complex.
The first thing that jumps out is that an estate can not be probated without an attorney. So I am questioning what is going on.
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