Legal Question in Wills and Trusts in Florida
My father passed in Oct 2010. Everything has been settled and dispursed except for his home in Florida. It has gone through probate in Florida and in equal share to each of his 5 children. My sister is exector. We designated $25,000 to be used for up keep and bills on the house.
We have no clue how much or where any of that money has gone. We have asked my sister to change realtors as the house has been on the market for almost two years. We have asked for updates on the house with no answers. We don't know if we have even had any offers on the house. The realtor she has hired will not give us any information. The only thing she has told us is that two years ago she took one weeks fee for my brother who was in and an institution to quit drinking. We know that my Dad's tax refun two years ago was going to be $3,500. We have never seen or heard what happened to that money.
What legal rights do we (brothers and sisters) in the decision making on the house and an accounting for the moneys that were designated for upkeep of the house?
3 Answers from Attorneys
You can petition the Fla. court for discovery and an accounting.
Hire an attorney to file as Mr. Slater has indicated. You can start with a demand letter to the personal representative's attorney outlining what you want.
My colleagues are correct. If the house went through probate, there should be a PR deed conveying a one-fifth interest to each of you which gives you ownership of the property. The realtor certainly knows this and could not list the house without all of you signing the contract unless the estate has NOT been closed and your sibling in acting as PR. However, this should be handled by an attorney - if I can be of assistance, please contact my office for an appointment 904-997-1031
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