Legal Question in Wills and Trusts in Florida
Retreiving property to turn over to probate
My brother has possession of my deceased mothers car.
Her estate is in probate and no funds will be disbursed untill he turns over the car to be sold. He and my sister are executors of the estate. I would like to know what can be done to legally get the car and title from him.
thank you
2 Answers from Attorneys
Re: Retreiving property to turn over to probate
The authorities should issue title to whomever the vehicle is going to after it has gone through administration. As for actual possession of the car, since the personal representative is supposed to marshal up the assets and take possession when necessary, the court should issue an order forcing your brother to turn it over to you. This will give you the authority to "repossess."
Re: Retreiving property to turn over to probate
As a potential beneficiary of the estate you have standing to petition the court to direct him to account for all assets a the time of distribution.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
