Palm Harbor, FL asked in Estate Planning and Probate for Florida

Q: Beneficiary who is not executor has filed for formal administration without executor's knowledge or permission.

Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas person up to date and made it clear that in the next couple of months when house was ready, would be filing petition for summary administration. Got a certified letter today and found out that foreign beneficiary hired a lawyer and has filed formal administration even though it is not required for many reasons.

What is local beneficiary (me) who was blindsided by this supposed to do and what are my rights since I had no hint this was coming and it is directly against the instructions and wishes of the deceased parent?

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

A: You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.

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