Legal Question in Wills and Trusts in Florida

Hi. Your question doesn't make clear whether or not a probate estate has been opened. If it has been opened, the PR must provide notice to you of all proceedings. If you have received no notice, I assume the estate has not yet been opened. You can easily check whether an estate is open by contacting the clerk of the probate court in the county where your parents died.

If the estate is not open, there is no PR. The PR must be approved and appointed by the court. Thus, sister has no legal authority to take any action on behalf of the estate until legally appointed as PR by the court.

Finally, it is not uncommon for a home which is part of an estate to be rented to generate income while the probate is open. Any rent collected goes into the estate and is ultimately payable to the legal heirs, after all bills are paid.

You should have received notice regarding the estate administration. Call the probate court in the county where your parents resided to see if someone has started the estate administration. The court will appoint a PR. If the house is being rented, then the rent should become part of the estate and the proceeds will be divided among all of the heirs according to Florida law. If your sister is not the appointed PR, she cannot just rent the house and keep the rent. I hope this information is helpful. Regards,