Legal Question in Wills and Trusts in Florida
Please help........As a beneficiary of my parents estate which my sister is the executor and her and a lawyer who refuse to give me any financial documents as to bank accounts, Cd's etc. I have been asking my sister for over 2 yrs. now for a complete accounting of the estate with no luck. She has told me several different stories now saying there were no Cd's when I had several statements from the bank over the years stating interest on these accounts had made even after my Dads passing. And I had questions she would not answer or only told me they never existed. I wrote the lawyer asking him to supply me a complete accounting history with these accounts and bank statements. He never replied or responded in any way to my request. (Did I mention his secretary and him are friends with my sister!!) This past few months my sisiter came clean and said they did exist once and she cashed them in this past year and paid me hmmm funny as I never received any funds from her in over 3 years. They want (Lawyer & sisters) for me to sign several documents so the estate can be settled which I did not agree to until I see these figures as they didn't add up and where they went. The lawyer even went as far as to say the judge ordered all of this plus the house sold and must be done by a said date or I would be charged for any other fee's incurred by the lawyer or court. Is any of this true and do I as a beneficiary have any rights to request these items and proof or do I need to contest my sister as unfit to be the executor since she says she has not kept any of the statements or can't produce most of these documents or where and when they were distributed. I'm not well off by any means and on a very low income right now and really can't afford a lawyer of my own nor do I wish to pay 1/3 of this lawyer fee's since he does not seem to be working for me just my 2 sisters. I would like some advise please or someone I can please talk to about more these issues and some that I didn't cover here about the estate. Thanks
2 Answers from Attorneys
You need to hire an attorney to help you get the answers you want and deserve.
You really need to do several things. 1. contact the Florida Bar and file an immediate complaints as to the handling of this probate - be sure to spell out the relationship between the parties. 2. Hire an attorney ASAP to protect what assets are left. This attorney can file a stay on everything until you can get a court hearing as to the status of this file and an accounting of the current assets. 3. File an immediate objection to the sale of the property and request a hearing date. You can do that part on your own. Probate by statute of Florida MUST be handled by an attorney. You need to request that the current personal representative be removed from their position based on mishandling of the assets and claim the attorney in your action as well. If I can be of assistance, please contact my office for an appointment 904-997-1031
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