Legal Question in Wills and Trusts in Florida

Re: Notice of Failure to Close and Notice of Hearing

The clerk cannot give legal advice. So it is not surpising that they did not seem helpful. I am assuming that you have already fired your first attorney and have not yet retained a replacement. First, call the judge's office directly and speak to the judicial assistant state why you are unable to attend and request that the hearing be rescheduled. The judge might be irritated because these things are supposed to be closed within a year. Second, some circuits have a staff attorney/clerk assigned to assist the judge in probate matters. Find out who this person is and what is missing from the file that is preventing the probate from closing. (This will also be very helpful information to any subsequent attorney). If your circiut does not have a special probate attorney/clerk then see if you can obtain this informaion from the judge's assistant. The assistant will probably have to check the file and talk to the judge and then get back to you.

Basically, you need to know what is holding up closing the estate. If you don't show up for the schedule hearing you may risk a contempt order. That is not good.