my father passed away in feb 2011 and some of the assets have been distributed but not all and I am starting to get worried. what should be my course of action?
State/Country relating to question: Florida
Thank you for your question.So I can better answer your question, I need more information from you first, please.Can you tell me:1) What is the status of the estate? What was the last thing filed with the court, if you know?2) Have you spoken with the personal representative (executor) of the estate to ask about the delay?3) Do you have reason to believe the estate is not being managed properly?
don't know the status of the estate. haven't spoken with the representative about delay. only reason to believe it is not being managed properly is the delay.
Thank you for your question. I appreciate your patience while I researched and typed out your answer.
I appreciate your quick reply. A delay by itself isn't indicative of problems or wrongdoing. While it is true that most estates can be wrapped up within a year or less, every estate is different and there can be a variety of circumstances that extend it out. I've worked on estates that have taken years to close.
The first thing you need to find out is the status of the probate estate itself. You can ask the personal representative themselves for an update, or even contact the Clerk of Court in the county where the probate is open, as probate is public record. Some Clerk of Courts even have this information available on their websites. You can get copies of most every document filed in a probate just by paying a small fee per copy at the Clerk's office.
Depending on what you find out, then you decide what to do next. The estate could be in its final stages, and then there's really nothing you need to do. If however, you believe the estate is being mismanaged or the PR is not doing their job, you can petition the court to have the PR removed and a different PR appointed. However, you would need proof of mismangement or wrongdoing.
If you require additional information, press "REPLY" and I will be happy to assist you further.
Experienced in multiple areas of the law.
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