Northport, NY asked in Probate for Florida

Q: Hernando County, a "counter petition" was filed by one of 4 beneficiaries in this estate to be the estate Administrator,

How do the 3 beneficiaries adequately respond to the "counter petition" to see that they do not become estate representative?

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2 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Your attorney who prepared your petition and filed it for you can advise you regarding how to file a response/answer to the counter petition. There will likely be a hearing on the two petitions for appointment of personal representative. If somehow you filed your petition without representation of counsel, you should immediately retain counsel as there may be important deadlines that you may otherwise miss.

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

A: A counter petition implies that another person has originally petitions to be the personal representative here in Florida. If there is a will it will list the person picked by the decedent. If no will Florida follows a preference statute. You need to hire a probate attorney to review the situation as there can be a variety of factors that come into play. Just not enough information to be able to answer your question. You need direct legal advice.

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