Legal Question in Wills and Trusts in Florida
paralyzed by conflicting and vague advice re. probate and homestead
I am sole executor for an estate in ft. lauderdale in probate for 19 mo. Estate co-exec. was removed by court for failure to cooperate in probate proceedings. Former co-exec. disposed of non-exempt property (auto) without court approval and failed to report known estate assets (income tax refund of deceased) to estate attorney or co-exec or court. Former co-exec moved into estate property (house)after funeral and stopped paying minimal loan payments over 6 mo. ago. Estate attorney was informed of all above matters over 6 mo. ago but has taken no action and has not informed former co-exec to turn over estate property to sole exec. Estate attorney advised me to obtain attorney if I want former co-exec evicted and if I want to dispose of property outside of homestead in order for me to recover my considerable expenses as executor. Three attorneys gave conflicting and vague direction and want considerable fees to explore theories. None will predict result or cost.Also conflicting answers concerning how a homesteaded house would be divided (the will states 2/3-1/3, yet one attorney said that homestead propery is divided equally rgardless of the will stipulations).I am at my wits end. Can anyone help?
1 Answer from Attorneys
Re: paralyzed by conflicting and vague advice re. probate and homestead
Your inquiry has several aspects. We assume you are sole personal representative. Regarding the issues relating to former "co-executors" and the eviction issues, your attorney may be advising you to find another attorney because of real or potential conflicts. Regarding the homestead issue, you don't indicate whether a spouse or minor children are involved; if so, the homestead property inures to such parties by Florida law rather than provision of the will. Remember that the "estate attorney" is your legal counsel in this matter, that without all the facts, which appear to be complex, you are not likely to receive clear definitive advice from other lawyers. Attorney time and expense are related to factors beyond the control of the attorney, such as the actions of former "co-executors" and recovering assets belonging to the estate, so they are understandably reluctant to give you a fixed time and price. As personal representative, you, relying on legal advice from your attorney, are expected to administer the estate according to law. So your first act should be to clear up your relationship with the estate (your) attorney, develop a list of actions to administer the estate, and proceed. Recovering your own expenses is part of the administration process.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
