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Florida probate headaches

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  • Florida probate headaches

    Hi, and Thank You for this wonderful resource!

    Okay, the short version of an ever lengthening story...

    My somewhat estranged father passed in August 2020. I am his only child, and the only beneficiary listed on court documents, as of now. So far there has been no will discovered, BUT...there is a safe deposit box that needs opened. There really is a lot up in the air.

    At the time of his passing I was unable to afford legal council, and, to be honest...it was all really over my head. I've never in my life had court dealings before. THEN...I was contacted by out-of-state family members (an uncle and his three children) who my father had kept from ever contacting me. I was floored to now have some family! One of them has a wife who's a doctor...and she offered to pay the fees needed to get the probate ball rolling. I agreed to let her be the Personal Representative, and...I signed a wavier, as I was told it would help expedite matters...and...I had NO MONETARY resources at the time.

    Well, the out-of-state lawyer (who was able to practice in Florida) has been a disappointment to all. It took FIVE MONTHS to properly file the LETTERS OF ADMINISTRATION. *FIVE MONTHS.* In a recorded conversation shared with me by the P.R. talking to the Court Clerk, the latter actually said, "I don't think your lawyer knows what he's doing." His mess ups were the cause of the delay.

    For me, there have been increasing concerns that the P.R. is a lot more interested in spreading the estate money around than in gathering it up for the beneficiary. *As I said...as of now...I AM the sole beneficiary listed on court papers.* In an email with the bond company (that she shared), she professed her honesty, and said she only wanted to gather the monies for "proper family division."

    At the very least, I'm concerned that there won't be too many objections to the family making claims for undeserved creditor claims against the estate, such as air fare to my father's funeral, and the shipping of a lot of his belongings (including 2 trucks and a boat) north the very weekend after his death, nearly 7 weeks before the original court papers were filed. Remember, it was five months before the L.O.A. were accepted by the court. AND...being quarantine broke...I felt in no position to complain or question.

    OKAY...here's my newest concern. The P.R. has been sharing some emails with me, including conversations with the lawyer. She's anxious to get access to bank records...and that deposit box, which she wants to have shipped north to open. *THE THING IS...IN ONE OF THE EMAILS...THERE WAS MENTION OF HER WANTING TO GET A POWER OF ATTORNEY FORM.* Is this normal? Does she need a POWER OF ATTORNEY to get the information from the banks...

    ...or is she possibly trying to minimize my role? I am older, but in fairly good physical and mental health. Is this an attempt to take control of the estate? Or...is getting a P.O.A. a normal thing in probate to help with gathering the assets?

    Please, this is really weighing heavy on my mind, and I'm a more than a little worried. Could you all give me some feedback about this?

    Thank you so, so, much!

    P.B.


    ~~~~~



    Tags: None

  • #2
    you in USA

    Comment


    • #3
      Yes, in the good ol' Midwest!

      Comment


      • #4
        sorry this is the ol! UK site - good luck hope you find answers in the old USofA

        Comment


        • #5
          Dern!

          Comment

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