Legal Question in Wills and Trusts in Florida

You have several questions and should talk to the attorney representing you in the probate of the estate. If you have not opened a probate then you will likely need to hire an attorney and open the probate of your aunt's estate. In many cases the probate of the estate will resolve some of the issues that the beneficiary has raised. However, a beneficiary under the will can absolutely demand an accounting of the estate, so long as they are in fact a beneficiary and have not waived their right to an accounting.

As for the spending of your aunt's assets prior to her death, you very well could be asked to account for those expenditures.

Again, you need to either hire an attorney to begin the probate process or if you have one direct these questions to him/her. There could be consequences to not taking the proper steps.

Beneficiaries are entitled to an accounting, and you would be wise to do it before you have a problem with the court. The Will cannot waive for this requirement.

A Personal Representative is suppose to account for all the assets, and that can include those expended before death to see if anything was stolen or fraudlently conveyed. If so, the Personal Representative has the duty to try and recover them, if feasible.

The Personal Representative is Personal Liable for their actions, or lack thereof. So be careful.

You should ask the attorney you hired to help you administer the estate these questions. The will can say a variety of things, but if the provision conflicts with Florida law that provision will not be upheld. The Personal Representative has a duty to account for the assets, and the person who has Power of Attorney has a duty to act in the person's best interests.

Regards,

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