Legal Question in Wills and Trusts in Florida
Executor will not act
Father passed in 1992; had Will leaving all to wife. Son named as executor (there are two sisters). Father had sole proprietor business, which held real estate - Wife's name not on property deed, but she assumed property and continued paying mortgage and collecting rent. None of the children dispute their Mother's right to this property.
Son has refused to probate or execute the Will. Mother is terminal and will soon need Medicaid support in a long-term care facility.
There are two sisters who have repeatedly requested that their brother execute Father's Will. Brother will not act because he lives on the opposite side of state from his Mother. Is there anything the sisters can do to force brother to get Father's Will probated? Or since Medicaid will be taking all of the assets, will they force execution of Father's Will?
2 Answers from Attorneys
Re: Executor will not act
You can open a probate without your brothers consent.
Re: Executor will not act
Where is original Will? If you have the original Will, then the sisters can file and request a different personal rep. since brother refuses to be pers. rep.
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