Miami, FL asked in Probate for Florida

Q: I put personal money in an estate acccount, what do I need to do? Am I going to jail or contempt of court? Or worse

I am the executor of my moms estate.

I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.

As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate account. Because I am the executor and everything need to be distributed equally. Not understanding being as the beneficiary I didn't need to sell them and move the money to the estate.

JPMorgan sent a letter stating I am the beneficiary.

I haven't taken any money out of the estate account for any reason. I have left it sitting there.

I have to explain to my siblings what this is and they can see it and expect their portion. They are saying I assigned myself to a beneficiary by stealing account information. JPMorgan reviews beneficiary information and the death certificate before the stocks are issued. Red flags wold be raised.

I am scared sick that I messed this up.What do I need to do?

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3 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: An estate administration attorney can help you sort out the truth and prepare a proper accounting. This is not something that can be taught in a free legal question and answer forum.

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You are required by law to be represented by an attorney in your capacity as personal representative of your moms estate. If you have not retained a probate attorney, do it now before you do anything else. He or she will advise on what needs to be done.

Carol Larmond Grant
Carol Larmond Grant
Answered
  • Probate Lawyer
  • Davie, FL
  • Licensed in Florida

A: It sounds like there are some misunderstandings about your role and duties as a personal representative. The first thing you should do is reach out to your attorney to get clarification on this issue. If you don't have an attorney you should hire one right away. In the meantime, you should gather all documentation regarding assets received personally and as the personal representative. Here are some important questions: Has the Creditor's Period expired? Was an Inventory filed? Did any creditor file a claim in the estate? Was an accounting done? Please use your energy to document and account for all steps taken since the date you were appointed. All the best.

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