Legal Question in Wills and Trusts in Florida
The personal representative in my mother's will has kept some very important information from us. Apparently one of the accounts mentioned in the will does not exist. To find out we had to hire a lawyer, ask for a subpoena, etc. Can we sue the personal represtnative for this and other mishaps (like delays, not telling everything about the payments made, etc?)
2 Answers from Attorneys
Is this matter being probated? If so, the will should be on file with the court along with the inventory. If you are a beneficiary then you should be aware of what is available in the estate. If this is not being probated, you need to file asking the court to appoint you as personal representative and serve the party in possession of the will with a demand to produce the will per the statutes.
Basic advice for information described in your question:
As an interested person in the estate of your mother because you are a family member and/or beneficiary, you may request a probate court in Florida to order the personal representative to provide copies of documents, notices regarding any distribution of property, an accounting of the estate property and payment of estate expenses, or discharge of the personal representative and appointment of a replacement. The PR is responsible for administration of the estate and carrying out the expressed wishes of the Last Will consistent with state law.