Greenfield, MA asked in Probate for Florida

Q: My uncle died on April 1st, 2014 and we could not find a will. His estate has been in probate ever since.

My sister and I are his only living relatives and no one else has come forward. Recently, our lawyer sold Uncle Joe's apartment for us and sent my sister and I the money. My question is, if we were able to get the money from his apartment, why can't we get the money in his investment accounts? Isn't it the same estate? Is there any way we can expedite this ongoing ad nauseum probate and see some of Uncle Joe's money before we too die?

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3 Lawyer Answers
Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: 3 years is an awful long time for an estate to remain in probate. Not knowing the finer details, it's really difficult to determine why the case has been open for so long.

Were there creditor issues?

I think you ought to ask your lawyer directly what hurdles the estate must overcome to bring it to a close.

Lauren Nagel Richardson agrees with this answer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Your questions would be best to discuss with the probate lawyer.

There is not enough information to be able to say if the time frames you describe are out of line. To me it does seem a little long, but I don't have all the facts.

If the probate lawyer does not give you good or sufficient answers you may want to consider hiring a lawyer to represent your interest and have your lawyer talk with the probate lawyer.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: The property was probably in his name and subject to probate, but the investments most likely had a designated beneficiary. You will want to check with the brokerages that he had dealings with to see if he had a designated beneficiary or not. If not, it would also be an asset of the estate and distributed through the probate case. Probate cases are supposed to be finalized in 12 months and the attorney handling the case would have to present a reason to the court to keep the case open beyond the prescribed time frame. It may be worth while for you to review the probate documents with an attorney. Best of Luck!

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