Legal Question in Wills and Trusts in Florida

Intentional delay in setteling estate

Thank you for your time. Father died 14 months ago, left condo to me, (which is now in my possesion) and around $60,000 to be divided between myself and three others(one of them is the executor).

Since he died, one of the three has died, and most of her estate is going to a person outside the family. This has the executor very upset, and I believe she has been stalling in hopes of not having to allow my fathers money to be passed to this ''Third person''. Will only relates to predeceasing him, with no mention about anybody dying after him, but before disbirsment of funds.

I don't care either way, except that I am in an almost desperate financial position, and need the money, as my father ''willed'' it to be. I feel if the executor did not have alterior motives, the funds would have been dispersed months ago, when I got the condo. What can I do as a poor man? Again, thank you very much for any responce.


Asked on 4/01/02, 6:52 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Intentional delay in setteling estate

It is difficult to determine why the probate has not been discharged. There appears no benefit to the executor from the delay. As a beneficiary, you can request from the executor an explanation. If the beneficiaries have consented to a discharge without an accounting and notice, and if there is no contested issues, the discharge should be granted after publishing legal notice, filing inventory, resolving any claims, etc.

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Answered on 4/01/02, 8:05 pm


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