Q: I am the executor and one of two beneficiaries. The other beneficiary is uncooperative and threatening.
I am trying to get things done all by myself but it is time consuming and exhausting. All the contents of the house, repairs, insurance and probate all have to be done and I am being pressured to do things faster, and in a way that wasn't what my instructions were from the deceased. Without the other beneficiary providing documentation and forms and signatures, I am being held hostage here. What are my rights and how can I keep her from interfering or preventing me getting things done as they are supposed to be done? A car and a house are to be split equally.
A: What you have described is the reason people hire attorneys to probate an estate. The attorney manages the paperwork and beneficiaries in a way that frees you up to manage the assets. The attorney protects you from harassment and demands from creditors and beneficiaries alike. Schedule a free consultation to see how much easier the probate would be with the help of an attorney.
A: I am sorry for your loss, please accept my condolences for you and your family. If you are the named estate Executor (called a Personal Representative) in Florida, once the Court has approved and authorized you there is little that your sibling can say or do. The process moves ahead and tends to blow onward with or without their help to a certain degree, where your probate attorney is in this matter is the real question, and why they are not progressing matters with the probate court, you should not be stuck with a difficult and or uncooperative sibling ongoing. You file the paperwork with the court, your sibling files objection and or the matter progresses, this is generally how it works. If you do not have an attorney for probate, you should get one, if the one you have is not helpful and or doing their job efficiently, timely or at all, get a new one that will.
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A: What you are describing sounds to be a formal administration as the estate assets are over $75,000.00. If this is accurate, you need to be appointed as personal representative and need an attorney. Florida Probate Rule 5.030(a) requires every personal representative of an estate with more than 1 beneficiary to be represented by an attorney. It is best to reach out to a qualified attorney now to prevent undue delay, excessive costs, and possible sanctions by the Court.
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