Execution of Will according to Florida Law

[Nicholas82555]

My sister is the executrix of my father's estate (will). According to Florida Law there is no time limit on the execution of it.

I was informed that my end of the distribution can be willed to my beneficiary.

If I forced my sister to buy me out is there a time frame is which she has to do it and if she can't I'm assuming the courts will put her in a position to do one of the other in a reasonable time frame.

I believe my sibling from my Dad's 2nd marriage is trying 2 wait me out until I'm 6 in)) since I'm alot older than they are.

Please advise.

[Friend In Court]

How old are you? Your post is not clear. That would make a difference on what your remedies are.

[Nicholas82555]

I am 60...my step-sister is 44 (executrix, step-brother 46 and youngest step-sister 42. I guess the bottom line to it all is that my sister feels as though she can take as long as she wants to execute this will. I just don't want her to sit on it until she feels like "she's" ready to handle business. It's always been a them versus me.

Either sell the house and handover my 25% or take out a loan and buy me out. I know she can't take out a loan because she hasn't worked in nearly 12 years. Her support came from my father and the 2 fathers of her 2 children.

[Friend In Court]

If I were in your position I would see a probate lawyer and see if she can be forced to open a probate case. Surely there have been final expenses that have had to be paid, too, so procrastinating opening probate should be done as soon as possible after one's death. There should be bank accounts, debts (mortgage?), all of which need to be paid.

My probate background is in another state, but I will check to see if under Florida law one of the heirs may file even if not executor or executrix. In the meantime I would seek advice from a Florida probate lawyer.

[Nicholas82555]

I would really appreciate that considering the house has basically been stripped and I haven't seen a cent of that which was sold according to the remaining tenants whom I keep in touch with or vice versa. My own concern is "the house" so I can cut all ties and be through with this life long drama.

I do understand about the bills and other expenses but my sister has an attitude of "I'll get to it when I get to it" and she has made that known.

I saw this similar situation play out with my grandmother's death and I"m seeing it again with my Dad's. It's really the "principle" behind the whole deal. Otherwise, I would wash my hands of all of them long ago.

At any rate, whatever advise you can provide would greatly be appreciated.

[Friend In Court]

The Florida Bar has an excellent pamplet online which describes Florida law and the probate process very well.

The job of the probate court is first to determine the validity of the will and supervise the probate process according to law until all affairs of the deceased are wrapped up. Also, below I am posting the job of the executor/executrix from their pamphlet.

The executrix can and should be removed by the court and another person appointed. As family member, you, would be eligible under the law. By selling off property outside of probate and not opening up a probate case should be grounds enough for her removal.

You can Google "Florida State Bar" + 'probate law" and it will take you to the site. Florida's probate law in their pamphlet is clearly explained, easy reading and should give you all the information you need.

9. WHAT IS A PERSONAL REPRESENTATIVE, AND WHAT DOES THE PERSONAL REPRESENTATIVE DO

The personal representative is the person, bank, or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term "personal representative" is used instead of such terms as "executor, executrix, administrator and administratrix



The personal representative has a legal duty to administer the probate estate pursuant to Florida law. The personal representative mus

• • Identify, gather, value, and safeguard the decedent’s probate assets
  • Publish a "Notice to Creditors" in a local newspaper in order to give notice to potential claimants to file claims in the manner required by law.
  • Serve a "Notice of Administration" to provide information about the probate estate administration and notice of the procedures required to be followed by those having any objection to the administration of the decedent’s probate estate
  • Conduct a diligent search to locate "known or reasonably ascertainable" creditors, and notify these creditors of the time by which their claims must be filed
  • Object to improper claims, and defend suits brought on such claims
  • Pay valid claims
  • File tax returns and pay any taxes properly due
  • Employ professionals to assist in the administration of the probate estate; for example, attorneys, certified public accountants, appraisers and investment advisors
  • Pay expenses of administering the probate estate
  • Pay statutory amounts to the decedent’s surviving spouse or family
  • Distribute probate assets to beneficiaries
  • Close the probate estate"
  • From this alone you can see she is guilty of dereliction of duty if not misconduct regarding the estate.