Legal Question in Wills and Trusts in Florida
My mother in law died in FL last April, leaving various disbursements to family members, which were distributed. I have a copy of the FL will showing $4000 was to be given to my stepson. He was in Canada at the time and his life was a mess - my sister in law (the executor of the will) stated a "conversation" had occurred before Mom died and he wasn't to get the money until he had cleaned up.
Now he is here in FL, clean and sober, and we discover sister in law and father in law have spent the money intended for my stepson-thier attitude is well it's spent, too bad. What recourse do we/my stepson have in this matter?
1 Answer from Attorneys
If the Personal Representative violated the Will, then they can be held personally liable for the loss. It could even be considered criminal.
What I don't understand is that the PR should have had an attorney to make sure this didn't happen, and that the probate couldn't close without your step-son's receiving an accounting and notice, or a waiver.
Whatever the situation, more information is needed, and action could take place. You will need an attorney to handle this.
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