Legal Question in Wills and Trusts in Florida

Is it possible to petition the court (West Palm Beach, FL) for an executor to be removed from handling an estate and trust fund and have said estate and trust fund executor and trustee responsibilities transferred to the people inheriting it without using a lawyer? I ask because my mother drew up her last will and testament and a revocable living trust agreement leaving everything to my sister, brother and I in October 2008 after being diagnosed with Stage 4 Lung Cancer in late August 2008. She named her boyfriend of 2 years as executor of her estate and trustee of trust to handle and distribute our inheritance over 5 years. She said she did this so there would be no problems between us siblings and she didn't want us to have to pay legal fees to a lawyer to handle this. Her boyfriend assured us he didn't need the money and wouldn't be charging us either. Needless to say, although I had offered many times to help take care of my mother's bills etc., her boyfriend decided to hire an attorney to handle both the estate and the trust, because he said it was too much for him and he also informed me that he also would be taking a fee for his duties. We feel that since he has hired a lawyer to handle his obligations there really is no need for us to have him involved and would like to deal directly with his lawyer instead since he is already guaranteed a percentage of our inheritance. Also, I live in NY but my brother and sister live in Florida (I don't know if this makes any difference in how this should be handled).

Thanking you in advance for your help.

VAI


Asked on 10/07/09, 9:56 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Yes

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Answered on 10/07/09, 3:50 pm


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