Statue of Limitation & Probate Dispersment

[Nicholas82555]

What is the SOL for the State of Florida??

My sister is the executrix of my father's estate along with 3 siblings. If I should die before there's a settlement can I will my cut to my spouse???

Should my sister have filed immediately after my father's death? Is there a penalty for lagging?

Thanks

[Friend In Court]

Originally Posted by Nicholas82555 What is the SOL for the State of Florida?? My sister is the executrix of my father's estate along with 3 siblings. If I should die before there's a settlement can I will my cut to my spouse??? Should my sister have filed immediately after my father's death? Is there a penalty for lagging? Thanks

In reverse order, yes, your sister should have filed to open probate immediately after your father's death. To settle an estate there are final expenses such as burial, debts to be settled, too, as well as disbursing the remains of the estate to heirs.

My recommendation is that you see a probate lawyer (most family law attorneys also do probate) with the details and they can guide you to prod her into opening probate.

And yes, you can will all your property, including claims in an estate to your spouse.
But, hopefully, once your sister gets prodded to open probate, it should not take that long.

Originally Posted by Nicholas82555 What is the SOL for the State of Florida?? My sister is the executrix of my father's estate along with 3 siblings. If I should die before there's a settlement can I will my cut to my spouse??? Should my sister have filed immediately after my father's death? Is there a penalty for lagging? Thanks

There is no statute of limitations on when probate can be opened. It is a good practice to open probate quickly after the decedent leaves us, but there is no time limit. If probate has been opened and concluded by distribution of any assets and probate closed, then you have no claim.

[Nicholas82555]

AHHHHH last question:
If my sister has not open probate. Can I call the Probate Court and ask them to look into why his estate has not been filed (name and address). This should prod her.
I already know my siblings have already gutted the house of all my father's assets. The only thing that remains is the house. (Residing Tenant Info). She's on the east coast and I'm on the west coast. So therefore, this is my only means of getting accurate information.

Thanks