Legal Question in Wills and Trusts in Florida

Parents died 05/09. No will. Sister in NY was reluctantly made per. rep. by bro and sister since neither one of us have the money to sustain the estate(parents house in Spring Hill, Fl. No communication between per rep with bro and sister. People are living in my parents house - we do not know if it is rented or sold. If rented, we were not informed. I live in NY, bro in Spring Hill, Fl. Where does rent go on house? I and bro would like house sold. Sister has parents furniture, car, jewelery, etc. etc., etc. Sister is noncommunicative - never told of fathers death after mothers death. No confirmation from anyone that she was made personel rep. Everyting is a secret. Do I need to hire a probate lawyer in Florida to get answers? Thank you!


Asked on 5/08/10, 1:04 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

The first question is whether an estate was even opened. You can call Hernando County clerk of court to find out if an estate is open. If an estate is open, all heirs are entitled to notice when probate documents are filed by the PR (in fact, notice must be given). If no estate was ever opened, then there is no legal PR (a PR must be appointed by the court). Thus, Sister in NY cannot act as PR unless she was appointed by the court, and if there is no open probate case and sister was not appointed by the court, she has no power to act on behalf of the estate. Regardless, any rent money collected is part of the estate.

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Answered on 5/13/10, 5:27 pm


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