Orlando, FL asked in Real Estate Law and Probate for Florida

Q: How do I find out where the money from the sale of a house is at?

My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and her lawyer said he can’t talk to me without her approval. I need help knowing if money has been dispensed and how to go about getting my half.

Update: I pulled up the clerk of court records and it says the status is Pending and as of 12/11/23 an Order Rule To Show Cause has been requested. Does this mean no money has yet to be distributed?

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2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to substitute yourself or someone else as personal representative. Schedule a free consultation to make sure your rights are protected.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will want to take a look at the clerk of the court probate documents in the county where this took place, there should be status and resolution updates related to the home and other matters related to probate and assets. You may end up having to hire your own probate attorney if this is dragging ever onward as it appears to be. It would be useful to see the Will and any deed if this is related to probate and whether this home was Homestead. If the house was sold a while back, none of this should be taking so long and her and her attorney's responses are suspicious to say the least, either you are a beneficiary and should be getting updates, or you are not a beneficiary, and they should tell you do. If you are a legal beneficiary of the homes/estate, you should have received, inventory, accounting and regular updates and notifications ongoing. Red flags are raised high already when you state she will not talk to you and the attorney will not respond.

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