Need some clarification on procedures in Florida. Mother died 15 months ago. Older sibling was POA.

Question

I was told by care facility Mother was declared incompetent and could not make decisions. I received a copy of her will January last year, but not copy of Trust instrument. Contents of Mother's house was disbursed, and to date, older sibling has not provided any accounting of bank statements, contents of safe deposit box (jewelry) or inventory of property from the house. I retained an attorney last February. I have been asking for an accounting and to open Probate for 10 months now, and have paid more than $2000.  Can older sibling ignore or refuse to comply?  I am the only other named beneficiary.

Seril L Grossfeld · Answer

POA died with your mother.  Nothing should have been distributed if no estate has been opened.  You can check website of your court clerk to see whether an estate has been opened by your sibling.  If an estate has been opened your attorney should have received all the documentation you have been asking for or could have retrieved it from the clerk's office.  Maybe you need to go in and see your attorney and find out why your attorney has not furnished you with requested documentation or explain why the same are not available to you at this point.

B. Elaine Jones · Answer

If you have an attorney, you should be asking him/her this question.  In general, however, if you are a beneficiary of the will you can force the case to be probated.  If your attorney doesn't know how to do that, then you need to retain another attorney.  Most JUSTIA attorneys offer a free initial consultation.  Good luck. 
 
Sincerely, 
B. Elaine Jones, Esq.

Q: Need some clarification on procedures in Florida. Mother died 15 months ago. Older sibling was POA.