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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 11995
Experience:  Experienced in multiple areas of the law.
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My mother passed away almost two years ago. 6 months before

Customer Question

My mother passed away almost two years ago. 6 months before she passed in her ill state turned all of her annuities to my brothers name. He is also the executer to the state. At the time of death the lawyer and my brother had let the four sibling benificiaries know all was put in my brothers name and he would be dispensing funds to us equally. The lawyer for the estate also represents my brother on all estate and personal matters to these funds. Two years later this may and no funds have been given and I have laid out money that has not been returned.
Do I stand by and keep hoping for the best?
Submitted: 6 months ago.
Category: Estate Law
Expert:  RobertJDFL replied 6 months ago.
Thank you for using Just Answer. I look forward to assisting you. So I can better assist you, I need more information first, please. Do you know where the probate process stands? Has a petition for probate been filed and your brother formally appointed personal representative (what Florida calls the executor)? Has there been an inventory done of estate assets? Has there been a creditor claims period?
Expert:  RobertJDFL replied 6 months ago.
You haven't responded to the follow-up questions I asked, so I will do my best to address your question, and then if you need any additional follow-up or clarification, simply reply back to me, please.The average probate in Florida takes around 12 months to complete, barring any complicated issues, such as tax issues, businesses that have to be sold, etc. So two years is very long. Any interested party to an estate (a beneficiary, a creditor) may petition the court for an accounting of the estate and to ask that an executor be removed for their failure to properly manage and settle the estate. This is why I asked what had been filed so far -it would give me an idea as to where things stand. That said, I do have concerns where you say that your mother transferred "everything" such as the annuities into your brother's name. An estate is comprised of assets titled solely in a decedent's name. Those are the only assets that would require probate. If the annuities and other assets like a bank account were put into his name, then he is under no legal obligation to split the proceeds with you, regardless of what he said. Legally, the assets are his. As I said, I don't know enough about the estate circumstances to tell you more information, so if you can provide some light on the issue, I may be able to tell you more.
Expert:  RobertJDFL replied 6 months ago.
If you need clarification or additional information regarding this question, please reply, and I'll be happy to assist you further. Otherwise, please remember to leave me a positive rating (3-5 stars/happy faces) as that is the only way experts on this site such as myself are paid for our time and expertise, even if you have left a deposit. Thank you.

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