Legal Question in Wills and Trusts in Florida
a week ago i asked if my brother who is co executer with me could retain a lawyer and proceed to probate without me and the answer was no not without the courts permisson. I would like to know the timeframe for that to happen and under what circumstances he can do this.He has retained a lawyer in New York
1 Answer from Attorneys
You and he would file a petition with the court requesting that you be excused.
The Petition would have to go to the judge for consideration and execution of a new Order Appointing Personal Representative and new Letters Of Administration.
He would have to have an attorney admitted to the Florida Bar to represent him as PR.
It should be a simple matter and take a week or two, depending on how quickly the paperwork is prepared, signed, and submitted to the court (and also which county it is in, as some counties are notoriously slow).
Frank Pyle
ReasonableProbate.com