Q: Concerns about executor misusing estate funds in Florida
The other beneficiaries and I have no trust in the executor of a will, as we believe he is misusing or stealing from the estate's funds. Since the person who owned the estate passed away about 3 months ago, none of the beneficiaries have been informed about what is happening with the estate. We have not received any financial statements or reports. What steps can we take to address this issue?
A: It depends where the probate is taking place as the laws vary from state to state, if this is Florida, there are affirmative duties and timelines for various matters related to the Executor (called a Personal Representative in Florida). Once a probate commences you should be able to get an inventory and a preliminary accounting and various other notifications, filings and updates in a timely and efficient manner. If a probate has at all commenced yet, you should be getting updated on the various petitions and filings regularly. I will note, any attorney hired by the Personal Representative (PR) is working for the estate and the PR and not for any of the other beneficiaries and or their interests because the interests of beneficiaries and those of the PR and or other interested parties may diverge and usually do. I would advise you to have your own attorney who can answer your questions, get the documents you need, represent your interests and follow-up on your behalf as desired and or needed ongoing and to review any filings and discuss what options you may have and demands you can make related to the probate. For starters, you should at minimal go online to see if a probate has been commenced and see what, if anything has as of yet been filed with the probate court.
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