Legal Question in Wills and Trusts in Florida

Re: Personal Representative Woes

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

1. A will should be filed pursuant to Florida law withing 10 days of the date of death altho it is often filed much later together with the estate. 2. Expenses for the funeral or cremation have a priority and are paid before any other expenses. 3. You and your brother should be reimbursed for reasonable expenses for the memorial service prior to any distribution. If your brother does not want to reimburse you, then file a claim against the estate within 90 days of the filing of the estate. 4. Brother should not live in the condo if he does not pay the expenses unless the other beneficiaries agree. If the brother insists on doing so, then the two of you can file a motion with the court through an attorney objecting to his actions and set if for a hearing. 5. If brother used mom's credit cards during her life, it may be hard to do anything. If used after her death, you must file a motion with the court as aforesaid for reimbursement to the estate. 6. The length of probate varies based on the assets and what must be done. It is a minimum of 120 days and could run much longer if the property has to be sold.

Scott R. Jay, Esq.