Legal Question in Wills and Trusts in Florida

stalled probate

my father had a will drawn in alabama, also a irrevocable trust in florida, it had been over three years since his death, my brother is the executor, he has a lawyer working on my Dads probate, he started the process 2 months after my dad died, the lawyer has stalled, will not return phone calls, even the date of my fathers death was wrong on one letter, aso addresses were wrong, the will is uncontested, the lawyer is asking for the full 1200.00 plus another 165.00 for his fees

do we have to pay this full amt,this has been a real hassle for us kids, my brother does not like to rock boats, and the lawyer is an old high school friend of his in a small town

my sister and i are upset about the sloppiness, do we have recourse, should we file a complaint?


Asked on 9/05/99, 9:50 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: stalled probate

It does not appear that the delay is due to some court driven problem. In GA probate can drag on for years, but my few forays in FL probate show FL probate to be much more timely and admistratively driven than GA. Bite the bullet. Fire the lawyer and find a new lawyer who will resolve what appears to be a simple estate in 3 to 6 months. (Oh, I see when I read you Q again that your brother is executor). You will simply have to convince your brother to fire the lawyer. You can take action to have your brother removed (for failure to get a lawyer who is moving the estate along properly), but it is a long costly (and possibly stupid) process. You may want to inquire of the clerks in the Probate Court and ask (if they will tell you, many times they will not) what the Judge does in your situation. That is, is the Judge likely to remove the lawyer based on your complaint. In GA, we have 159 probate courts and each one has its own judge. Good Luck

Read more
Answered on 9/08/99, 6:01 pm


Related Questions & Answers

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