Legal Question in Wills and Trusts in Florida
Final distribution of estate and will
The older sibling is the executor of the will. Her husband has taken over selling the house. She has not given the other 2 sbilings any information on what is being paid and states that we will find out everything when all is said and done. She won't tell us anything right now ( they dropped the price of the house 2 times without consulting us and she has stated that she has the final say over everything. The will is suppose to be split 3 ways, EVERYTHING. My concern is that we will not get our 1/3 of the profits from the house because I don't believe she will have all the detailed moneys spent in order, as she claims. She is in need of the money more then us ( 5 kids and hasn't worked in 30 yrs ) and feels she deserves more. Her husband ( self employed )even wrote 2 checks out to himself AND signed them himself AFTER my father passed ( he had power of attorney ) which I thought was not legal. Even the lawyer we have won't give me any help ( he's a friend of the husband ). My question is, do I need to get help before the final sale of the house or is there a time limit to what I can contest after everything from the estate is done and we get our share of everything ?
1 Answer from Attorneys
Re: Final distribution of estate and will
You need a new lawyer.
A power of attorney is not effective after the person dies, so your brother-in-law needs to return the money to the estate to reimburse it for the checks he wrote to himself after your father died.
The personal representative frequently needs court approval to sell a house. It depends on the wording of the will itself. Even if the PR can sell the house without court approval, she has an obligation to do so at a reasonable price -- however, a lower than ordinary price may be justifiable to get it sold in this poor market to avoid the expense to the estate of holding the house for a long time to get a better price.
Find out what the house is selling for and, if you believe it is an unreasonable price, get the court involved (or buy the house yourself!).
The PR is required to make an accounting of all monies received, spent and disbursed. Do not waive your right to get the accounting.
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