Legal Question in Wills and Trusts in Florida

I am executor of my fathers will. I paid an attorney $4889 to do probate on my Dad and he said since my late mother(who passed in 2010) was still on the title, he would have to do both of them. He finished probate on my mother and it was all done thru the mail. I do not live in the state of FL. Now he acts like I am suppose to drive all the way from TX to sign dads probate stuff. I cant do that. He sent me a nasty voice mail saying I was doing nothing, and that a judge would probably diss miss probate. He also informed me that I could not sell till all 3 names were on the title. The attorney already put all 3 of our names on the deed. This is a mobile home with a clear title and deed. My fathers will that the attorney deposited is clear that all must be sold and divided equally three ways. One sibling in FL will not sign a good and fair contract with a reliable buyer. The other sibling, like my self is not in FL. She will sign and agrees to do what ever needs to be done, but also cant go to FL. The attorney has belittled me since the day we first met. I do not understand any of this and have never been through anything like this. Two days after my father died, this attorney took our case and when I ask questions at the 1st meeting he screamed and slammed his fist on his desk and said, "My own damn wife is not that stupid" So it has been an on going battle to get him to understand that I dont have a clue what he is doing. If I understood probate, I would have done all this myself and not gave him almost 5 thousand dollars to call me stupid. I do not understand if I will be in trouble for not coming to a hearing he is talking about. I cant afford to change the title again. It is in : The Estate of my fathers name, with me as executor of estate. Neither myself nor my sister in GA can contact the sibling in FL that will not sign a real estate contract. She has had no contact with us since our father died. It has been a nightmare. She has actually moved a few hoodlums into my fathers estate. She is the reason the place has not been sold as the will said must be done.


Asked on 1/11/18, 5:29 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

First and foremost contact the Florida Bar and file a formal complaint. Secondly, contact the Judge's Judicial Assistant and explain that you can not appear IN PERSON but would be glad to do a telephone conference call with the Judge for the hearing. I believe I would have ran if the attorney acted like that in the beginning. As to the sibling who will not sign, ask the court to Partition the Property (since the house/trailer can not be divided) the court will allow the property to be sold and her share to be held in the registry until she wishes to claim the funds. Contact the police department and have them remove the people on the property. File a 3 day note of eviction and get rid of them. You are the executor and she can not rent the property out until the estate has been settled. In the meantime, let her know that all damages will be assessed against her and taken out of any share that she would be receiving.

Least of all, find another attorney and have the court make this attorney return your funds .

Read more
Answered on 1/11/18, 8:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida