Legal Question in Wills and Trusts in Florida
My father in law died 2 years leaving a will to his daugthers, sons and grandchildren. the total amount should be around $2,000,000 in real estate, hoseholds, etc. He named one of his daugthers the executor of the will, wich according to the will, it should have been executed within 60 days of his passing.
The real estate (4 properties) are rented, but my wife have never received an itemized income of the rents. The executor ,per mandate of the will, needed to open a bank account for all the income generated from the estate, but this was neves done.
What are my wife's rights?
3 Answers from Attorneys
you need to probate the estate. Unless you have the will that states this and probate it, you have no rights.
If your wife is a beneficiary, then she has a statutory right to her distribution. As Ms. Becude stated, the estate will have to be probated and hopefully you have a copy of the Will.
There are certain factors that are missing to give a complete answer. But if no probate has been filed, you can now qualify for Summary Adminstration, and no PR is appointed.
Either way, you need an attorney to review and advise. Depending upon these missing factors will direct the next steps.
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