Legal Question in Wills and Trusts in Florida
My mother died on 1/4/2013. My sister said on the day of the funeral that she had lost the will and has been giving me the runaround ever since. My fathers will was identical to my mothers and named me as the executor. I asked my sister to take my fathers will to the attorney and have him file a petition to have me named the executor for my mother�s estate, hoping the court will accept my fathers will as evidence of intent. So far my sister has not done this.
In this case there is myself and two sisters who are beneficiaries.
1) If my sister is petitioning the court, on her behalf to be appointed the executor, do the other beneficiaries have a right to disapprove this?
2) What recourse do you recommend?
3 Answers from Attorneys
I suggest you contact an attorney ASAP - you need to file a probate immediately and request to be appointed the PR/executor. Yes you can vote who it will be. Look at your dad's will and call the attorney who prepared his - it should tell you who did it and contact that attorney immediately for a duplicate of the will. If I can be of assistance, please contact my office for an appointment. 904-997-1031 - from what your sister has done, this is a strong indication that she is depleting the assets as we speak.
This is too complicated to resolve here. You should retain counsel. You may be able to prove a lost will. Good luck.
There are no executors in Florida. There are only personal representatives. Your matter i much more complicated then this forum can deal with. The absence of an original will may be a problem in terms of probating the copy, however, you and your sisters are still the beneficiaries unless your father is still alive and then he would be the recipient of the intestate Estate. If your sister petitions to be appointed, all parties with an interest have to be notified.
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