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Probate question

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  • Probate question

    Good evening. I have a very complicated matter with my fathers probate. He passed away in May last year leaving a will, my brother and I are executors of the will. My brother never got on with my father and saw very little of him in his final years. My brother and I have not spoken for 7 years and he decided to instruct a Solicitor to challenge me for various records I kept for dad, ie day to day bank statements etc.
    I had POA for dad as he had dementia. I instructed a Solicitor and after clearing my name, the two Solicitors agreed to go to probate with a different Solicitor. Just after this agreement, my brother has had a motor bike accident and is paralysed from the neck down and may never come out of Hospital and will never walk again. He doesn’t want to see or hear from me or know which Hospital he’s in. The Solicitor instructed to do probate can’t start the process as my brother has not agreed their terms. I’m being pestered to pay an invoice for dads final month in the care home which is 15 months ago.
    I desperately want to get the ball rolling and bring an end this nightmare.
    question is, how can I move forward. My brother has a Fiancé who is a poison person and convinced she had something to do with him getting a Solicitor onto me. She now has full control of my brother’s affairs. It’s 6 weeks ago since his accident. Any advice would be very much appreciated.
    thank you.
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  • #2
    We buy a lot of houses that are in probate and there are many issues involved, including whether a probate is even necessary and who is allowed to sell the house. Keep in mind that in Florida a homestead property is NOT part of the estate, which can make probating assets faster and less expensive. If the house is held in joint tenancy, in a trust, or as a life estate, you can often avoid probating the house all together. I made a quick web story about buying a house in probate for an overview.

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    • #3
      Good news for Florida executors but not a lot of help as this forum is UK based

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