Legal Question in Wills and Trusts in Florida

Re: Wills & Probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

All distributions must be made and receipts of the beneficiaries presented to and filed with the court before the estate can be closed. If you are a beneficiary and did not get what you were entitled to, then you have a serious problem and should retain counsel immediately. If there was only a hearing but the estate remains open, then you presumably should have nothing to worry about. You can find out the status of the case by going to the courthouse, but if you are out of town, you may be able to find the information online as most Florida court systems have an online presence.

Scott R. Jay, Esq.

Re: Wills & Probate

The first thing I would do is go to the Probate Court and carefully review the file, examining the actual Will, inventory, and accountings.

Once it is determined whether you were entitled to some property or assets under the Will, the next step may be to hold the executor personally liable if property or assets were mishandled.

Please feel free to contact me should you have any further questions, or if I can be of some assistance in reviewing the Probate record.

Re: Wills & Probate

The heading on this question states that it relates to FL law, so I am asuming that the estate is in FL. Even if you are estranged from the executor, you should try to contact the executor to determine the status of the estate. If you can't do this, or if you have tried and have gotten no information, I would recommend that you contact a FL attorney to determine the status of the estate.

Please let me know if I can assist you in any way.