Legal Question in Wills and Trusts in Florida

Who is responsible in this situation?

My sister died recently. She left a will that named a personal represenative. The will has been filed with court, but will has not been formally admitted to probate. The PR has been looking after the estate until the the will is admitted. Two beneficiaries named in the will went to the deceased's home, had a locksmith break into the home and changed the locks and removed items. Their attorney was present when the house was broken into and told them to do this.

Their claim is: since the will has not been officially admitted to probate, they have the right to do so. They also said that they are contesting the will and the PR named in the will has no authority until the court names a represenative.

Is this true? If so, what statute governs this? It seems crazy that any beneficiary has the right to disturb estate assets.


Asked on 7/21/04, 8:18 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Who is responsible in this situation?

They are wrong. Bring this to the attention of the Estate attorney.

Read more
Answered on 7/21/04, 10:21 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida