Questions Regarding Probate in Florida
Note: An attorney is the p.r., his sister, the attorney for the estate. A will had been written previously, naming another attorney as p.r., and his firm attorney for the estate. This will had been with the same attorney for 10 years. Virtually on her death bed, 2 hours before being taken to the hospital and heavily medicated, the attorney now named p.r., and for whom one of the 2 beneficiaries spouse has worked for 10 years (2 beneficiaries are the decedents two children)entered her bedroom and had her sign a new will naming him as p.r., and his sister (the other principal in this firm)as estate attorney. The witness was one of his employees. The beneficiaries have been, for all practicable purposes, estranged for years. The spouse working for above referred attorney had a contentious relationship with her mother-in-law the decedent, and, even more so,with the decedent's daughter(the other beneficiary who lived out of state#. It has been 9 months since date of death.The estate is not closed.
1.Will was not entered into probate until 30 days after death, far exceeding the required 10 day period. Is this legal?
2.The first probate document filed states the petitioner #i.e. the p.r. and attorney# XXXXX unaware of any unrevoked wills. That is completely false.Upon being advised by the daughter of the unrevoked will,p.r. stated he was quite aware of it-surprised he had been asked to step in even. Is this legal?What can be done if not?
3.An employment agreement was mailed to to the beneficiary living out of state.She did not sign it.The name of the deceased on the document was one of another person.Is she responsible for legal bills although she did not sign it?Of course, it is technically "the estate"paying such fees,however,as there were 2 beneficiaries with a 50/50 share,that will be monies taken from her ultimately.Please advise.
4. I asked for my Mother's will for a month. The p.r./attorney told me on 3 seperate occasions it had been sent,even saying he put it in the mail himself. I finally received it through the probate court,the office#p.r.'s)at my insistence also sent one by fax(again, 1 month later#.In the meantime, my sibling#other beneficiary# XXXXX his wife had all information of everything from bank accounts to the division of tangibles,and,of course,the will.Additionally,my brother's wife was doing all the actual work#i.e;documentation,accounting,ect.)of my Mother's probate in her capacity as an employee for the p.r./attorney.This was changed weeks later and turned over to the only other employee in the firm,of course,her buddy.And all the initial work had been done.Please address.
5.The will stated if no funeral plans were written,the p.r. had an obligation to speak with the beneficiaries/family members to make funeral arrangements.I was not contacted,and,in fact,misled by my brother.As a result,my Mother was cremated(which was not at all what she wanted)and the funeral services took place without either my children or myself notified.I was literally unable,because of this,to attend my own mother's funeral.
6.I was assured the locks were changed on my Mother's home,and no one would be allowed entrance until I was advised and present to move the furniture,ect.left to me.Several appointments were made by the p.r.,then,for no reason at all simply cancelled or not followed through by the same.This clearly caused problems for me in that I live out of state,and not in the same town as my sibling.I had contested a fairly substancial amount of furniture designated to go to my brother and my Mothr's (4rth)husband,who had since moved in with his ex-wife.Those items were mine and kept for me by my Mother for years as I lived in Europe.I was required to produce proof of ownership which I did in the form of affadavits,emails and handwritten letters from my Mother regarding the items belonging to me.I also produced a few receipts.I informed the p.r. my Mother had a handwritten note on the bottom of each of the larger pieces of furniture stating it was mine.These proofs were sent in by the attorney I was finally forced to retain just to deal with the most basic of this estate.Honestly,I do not know if he sent it all in as he later stated these were not "traditional"forms of proof(were not receipts).This was disconcerting as it took me weeks to gather all these documents,ect. together and he was aware of what I had.I also offered to submit other proofs if these were not sufficient.I never received any response at all.When it was finally arranged,and actually carried out for me to be in Florida to move the tangibles given,I found my Mother's home had been completely ransacked.All tangibles were distributed except those I was given.All photos,letters,ect-gone.Mother's clothes in garbage bags.Many,many things missing.Is this legal???How can they do this and what recourse do I have?Removal of p.r.?Is it possible to sue for p and s?Sue for my attorney fees?Help.Please.