Legal Question in Wills and Trusts in Florida
successor appointment
In 1983 my husband was the personal representative for his uncel's estate.His Uncle lived in Largo Florida at the time. My husband passed away on 6/21/1992.My husbands estate was left to me and I was the executrix of his will.
There were 9 shares of stock he did nothing with because it would have cost him more to sell them than they were worth. Those 9 shares are now worth around 600.00
The stocks are made out in my husbands name than PER REP EST
below my husbands name is his Uncels name.
I was told that I would have to get the case opened again and be made successor appointed. How do I go about this and what paper work do I need.... thank you for your help
2 Answers from Attorneys
Re: successor appointment
You must first verify that there was no successor executor under the original Will. If there was, that person is next in line to act for the other estate. If there is noone, you need to be appointed as Adminsitrator of the original estate, as succeeding your husband. This is a separate proceeding under the original estate. It might just be easier to process the liquidation as part of your husband's estate, get the proceeds and distribute them to the beneficiaries of the original estate.
Re: successor appointment
Is the stock in your husband's name? And, was he a resident of Florida or NJ at the time? If Florida, then you can petition for summary administration since he has been deceased for over 2 years and the stock is the only remaining item of his estate. If you are an out of state resident you'll need a Florida attorney to file the summary administration.
If your husband's probate took place in NJ, you'll need to contact a NJ attorney as I am unfamiliar with NJ law.
Should you have further questions or wish to discuss further, please feel free to contact me via email or phone at (407) 353-4728.
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