Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?
My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the amount I received from my portion due, is that legal to deduct from my half due to me, or should it be considered part of the house? Also I have asked for copies of statements and have received none, her final reply was since there is no probate she is not the executor but the personal representative, aren’t I still entitled to see any bank statements?
A: The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole beneficiary of the decedent's estate, then the PR is required by law to be represented by an attorney. You should consult with a probate attorney to make certain the PR isn't cheating you (whether or not intentional ).
There are a lot of complicated issues here. A personal representative is the same as an executor-it’s the term used in Florida for the same function. The fact that you were with your partner for a long time is not relevant because there is no common law marriage in Florida. The first question is was there a will or is the estate intestate. I suggest that you consult a probate attorney to sort this all out.
Ellen Deutsch Taylor
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