Legal Question in Wills and Trusts in Florida

Re: Executor refuses to disburse will assets

Your lawyer should file a petition to have your husband appointed personal representative in place of his aunt, if she has been removed. Whether or not this is granted, your attorney can also ask the court(s) to issue the appropriate order(s) to have assets returned, released, etc. (depending on the actual facts and current situation) as well as an inventory if this has not yet been filed.

If you do not have an attorney representing you, you should consider consulting one. Legal representation is not limited to whoever is personal representative.

Good luck.

Re: Executor refuses to disburse will assets

Your husband definitely has rights.

The courts often go slowly on these matters -- but they don't go at all unless action is started.

The first thing to do would be to file a motion for an inventory and accounting. If she doesn't comply, the next step would be for removal, and substitution. This would have to be worked out among the beneficiaries.

You would need an attorney to represent you. It's best if you can get several beneficiaries to agree to share the cost. The benefit of removal and substitution is that from that point the attorney's fees are coming off the top of the estate. But understand the court will bend over backward to not have to do that -- that's not law, that's practical experience.

I would be happy to discuss the matter further. You can contact me by e-mail or at 312-346-7899.