Apopka, FL asked in Estate Planning and Probate for Florida

Q: How can I retrieve my items after an estate has gone to probate and a personal representative has been appointed?

I live in the state of Florida and my fiancé passed away about a month ago. Him and I lived together for 3 years and because him and his ex wife had a daughter together she was awarded personal representative of his estate. I have asked her to please let me retrieve my items but she is not cooperating. She changed the locks when I went to Philadelphia to bury him.

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3 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Estate Planning Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your loss. You need to contact the Sheriff and do a retrieval of personal property.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Actually, I doubt the sheriff's office will be willing to help you. You will need to sue the PR.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: I suggest that you look in the court records to see if the estate has been opened, and if so, contact the attorney who is handling the estate. You should be able to make your request and ask that the personal representative make arrangements for you to retrieve your property. The property is not part of the estate, but you will need either the personal representative's cooperation to retrieve the property or file a civil suit against the personal representative. As this would be somewhat costly, I would recommend trying to contact the attorney for the estate first.

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