Legal Question in Wills and Trusts in Florida
My father died intestate. There are seven adult children. My mother passed before him and he never remarried. My brother hired an attorney in only his name to settle the estate. He and my other siblings have withheld a coin and stamp collection from the petition declaring assets and debts that is worth over $4000. I have notified the attorney my brother hired and no response. Also, they gave my brother $2250 dollars from the estate funds to pay for the attorney he hired in his name only. I want to make the court aware of the stamps. How do I do that? Also, they already sold some of the stamps to an appraiser and also to at least one of the siblings.
3 Answers from Attorneys
Hard to tell from you facts who the attorney represents. I would file a document in the Probate Estate notifying the Court about the coins and stamps and describing them as best as you can. Send copies to the attorney and your brother and your other siblings. The Court should make further inquiry. It is possible that your father had a separate writing to dispose of his personal property and therefore it would not be included in the inventory. That may be the reason as well. seek legal help.
You are entitled to a full accounting and copy of the initial inventory.
You can object if the information is not correct.
If the PR is not acting in the best interest of the estate-he may be removed.
Best bet-have an attorney assist you.
It sounds like your brother filed a Petition to be Personal Representative. In Florida, when there are multiple beneficiaries/heirs, an attorney is required. Keep in mind that in many states, the attorney hired would represent the estate; however, in Florida, the attorney represents the Personal Representative. Both the attorney and Personal Representative are entitled to compensation for their services. They do have fiduciary duties and rules to satisfy. Since your mother passed before your father, it is possible that the attorney needs to probate some of your mother's assets first.
As Attorney Pippen, stated, you can (and should) request a full accounting and copy of the initial inventory. I strongly encourage you to consult with a probate attorney in your area.
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