Legal Question in Wills and Trusts in Florida
Family Law
Recently my husbands father died. he has 5 siblings the youngest of which is the executrix for the will. She is irresponsible and can't be trusted to do what is best for the mother. Mother is the sole beneficiary of the will and there is no life insurance. There is some money in annuities.The other sibs feel that the younger sister will take what money there is, sell the house , not provide well for the mother. What legal options do they have to prevent the sister from taking advnatage of the mother and making sure she is taken care of. The other family members live in other parts of the country and aren't there to keep an eye on things.
2 Answers from Attorneys
Re: Family Law
You should have an attorney review the Will, and other documents, to determine your next step(s).....
Re: Family Law
You probably should contact a florida probate attorney to review will and discuss your options, but at least based on your post, there isn't much that you can directly do. If everything goes to Mom in the will, then the other children are not interested parties and have no standing to object. On the other hand, if Mom is incompetent, you could have one of you appointed as guardian over mom and that would give you standing.
Having said that, your sister will have to work with an attorney, and be subject to the oversight of both a judge and the lawyer during the probate. Normally, the executor, or personal representative, has no authority to sell the homestead, which is the place which your mom and dad live, at least not without court approval. One thing you could do is ask sister to waive her right to be executor, and have one of the other siblings appointed or have your mom appointed. But that depends on her cooperation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
