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We think the Executrix of the Estate for my deceased brother

 
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  • Answered by:socrateaser
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Customer Question

We think the Executrix of the Estate for my deceased brother is taking money from his estate for her personal use.
What steps have to be taken to have her removed as Executrix. It has been three months since he was buried and still no settlement or word from her.
His estate is aproximately $650,000 to $700,000.
Four sisters are named as beneficiaries "devise and bequeath all........share and share alike".
No where is this lady named in his will.

 

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State/Country relating to question: Florida

Already Tried:
Nothing. Called her. Told we were going to have to get a lawyer. She did then send over deeds to his two houses and titles to his three vehicles and two boats. But no stock certificates, CDs, IRA money, or money that was in his checking account.(He usually kept $30,000 + in checking.)

Submitted: 290 days and 18 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED

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Expert:  socrateaser replied 290 days and 17 hours ago.

Florida Probate RULE 5.440, provides the process to remove the personal representative of an estate as follows:

  • (a) Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative. A petition for removal shall state the facts constituting the grounds upon which removal is sought, and shall be filed in the court having jurisdiction over the administration of the estate.

  • (b) Accounting. A removed personal representative shall file an accounting within 30 days after removal.

  • (c) Delivery of Records and Property. A removed personal representative shall, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate.

  • (d) Failure to File Accounting or Deliver Records and Property. If a removed personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the removed personal representative to the remaining personal representative or to the successor fiduciary within the time prescribed by this rule or by court order, the removed personal representative shall be subject to contempt proceedings.

The proceeding to remove is similar to a divorce action. It is heard entirely by a judge, and requires a trial concerning the personal representative's acts and omissions. If the petitioner proves that the personal representative has been misappropriating funds, then the court will order the appropriated assets returned. If the assets are already wasted, then the court can award damages against the personal representative, in the amount of the wasted assets. Additionally, a new personal representative will be appointed.

For an estate litigation attorney referral, see this link.

Hope this helps.

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Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 99.3 %
Accepts: 1740
Answered: 7/4/2012

Experience: Retired (mostly)

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