Legal Question in Wills and Trusts in Florida

IF there was a will in Apr 2010 left the estate to 4 split 25% each. Two of the children signed the right to waiver to challenge the will and one child did not sign the waiver to challenge the will. Can the one who did not sign challenge the will do anything to stop this and what about the 2 that signed, if they changed their minds, and are not happy about the decisions of the executor and wish to challenge the will? The executor has said there is no money to distribute and to sign a waiver for accounting on the estate and we would discuss any questions after the will was closed. One child signed a Notice to claim by representative individually/stating until the representative was paid money owed by the estate they would own more of the company by 40%/ the others owned less one at 22%/ two others at 19%. But the truth is : is that this was only drawn up to get the loan from the bank to refinance the loan of the company that was inherent in the will to them. The other children did not have good credit to do the financing from the bank so the PR. was

financing the loan for the company for the other children and this was a way around the bank. Now the PR is saying they want to own more of the company because it is financed in they name and they don't want someone messing up their credit or on the checking account. All the children did not mean to give up any of their %. It was also drawn up that they each owed different amounts of money to repay the PR back. The one @ 22% had to give the PR 20.000 and the other two had to repay 40,000. But all the while it was only really wrote up so us as a family could get the loan from the bank. I'm starting to wonder. For, we would have borrowed more to cover the PR''s Loan to repay them out of the estate. The attorney turned his head on all of this. Is this legal where they can stick us for the company and own more of the company? This was not to be the intent. Can we go to the probate judge and argue this matter? What can be done to stop this abuse of power? Remember one of the children did Not sign the waiver to challenge the will. Thanks, JW


Asked on 6/26/11, 4:38 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the facts included in your inquiry, any interested person has a right to petition the probate court for hearing and/or object to any action taken by the PR. The four children are interested persons; perhaps there are more. Even if an interested person signed a waiver of any right to contest the will, that interested person can still object to actions taken by the PR because such action taken by the PR may not be consistent with the will. In such cases the PR (attorney) may prepare an agreement to settle the estate which would be signed by all beneficiaries and submitted to the court which could close the estate so long as all signed it. Of course, the beneficiaries may object and refuse to sign the agreement. Regardless, there appears to be considerable conflict and objection to the proposed settlement of this estate; representation of the beneficiaries by a probate attorney may best serve their interests.

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Answered on 6/26/11, 5:52 pm


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