Legal Question in Wills and Trusts in Florida

My godfather, who was a Florida resident, passed away last year. Since there was no will, his brother, who is also my uncle, was appointed executor. The only thing my godfather had was his home. The probate period was fulfilled on March 15, 2012. My uncle closed on the sale of his brother's home March 16, 2012. Ten days passed and the check cleared without complication. None of the heirs have received any documentation from the attorney handling the case since then. The executor has called 6 six times and has never been called back. Is this considered the norm in Florida? Should we file a complaint with the Florida bar assn? Please advise.


Asked on 5/03/12, 2:18 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

A check made out to whom? The estate proceeds should be distributed. A letter should be written to the attorney. A letter to the Florida Bar may be needed.

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Answered on 5/03/12, 2:29 pm
Sanford M. Martin Sanford M. Martin, P.A.

Is the described delay unusual in a probate involving intestacy? No. The law is

specific regarding the responsibility and accounting. Closing the sale of property is

not the final step before distributing the proceeds. However, the attorney should

explain the procedure and any reasons for delay to his client.

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Answered on 5/03/12, 2:31 pm
Lucreita Becude Lucreita D. Becude, P.A.

ONe of the problems with all of this - is who is his heirs. If he left no will, no children, then it goes to his parents, if his parents are dead, then to his brothers and sisters. If there is only one brother - then no one else gets anything.

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Answered on 5/03/12, 4:30 pm


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