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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33714
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died in Oct 2015. Her estate only really contained

Customer Question

My mother died in Oct 2015. Her estate only really contained a partially paid for condo and a few bills. (Condo worth $120K, 45K in Mortgage left). At the time of her death my Brother who lived with her "could not find" the will. I did not need the estate and to make things simple and provide for him I signed a quit claim on the estate. He was named executor and was trying to take care of the estate.
My brother then died in May 2016 while the estate was not yet settled. I came down to bury him (at my expense as he was pennyless) and retrieve any family heirlooms from the estate. While doing this I found the will from my mother, in a clearly marked file folder named "Will" from her file cabinet, where I was named her executor but he was suppose to inherit the condo.
He has a lawyer that I don't trust. My question is can I just file a Petition for Ancillary Summary Administration on my mothers estate, especially since I was suppose to be the executor and my brother hid that from me. Or did the estate actually transfer to my brother and now I need to clear her estate then his through probate.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Was brother married and did he have any children?

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Did brother have a will when he passed (that you know of)?

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Do you know where in the process mother's estate is?

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Do you know if he filed the quitclaim disclaimer with the court?

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thanks

Barrister

Customer: replied 5 months ago.
Was brother married and did he have any children? No, never married no children.Did brother have a will when he passed (that you know of)? No, he owned nothing but an old broke down truck and his clothes.Do you know where in the process mother's estate is? No, he said he was handling it, but the mortgages and condo fees were all 3 months late that I just paid to catch up and still in my mothers name..Do you know if he filed the quitclaim disclaimer with the court? I think so, as he had a lawyer and she had him named executor.
Expert:  Barrister replied 5 months ago.

Ok, this is your best option as I see it now.. Since he has already started the process without the will, then you can now admit mother's will to probate which would essentially allow you to step into the role of executor and void out any waiver that had been filed with the court as a product of mistake or fraud.

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Then you can continue on with settling mother's estate. You are under no obligation to continue with the attorney on the case now if you dont' trust him and are free to retain another one. But if brother was left anything in mother's will, then you would still have to file a probate case to settle his estate and as his only heir, you would receive his entire estate as well.

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thanks

Barrister

Customer: replied 5 months ago.
Thank You!
Expert:  Barrister replied 5 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

Customer: replied 5 months ago.
This just came to me... My brothers Lawyer is asking for $4200 to finish the old estate and probate his estate. Couldn't I just finish his estate and do the Petition for Ancillary Summary Administration for his estate?
Expert:  Barrister replied 5 months ago.

My brothers Lawyer is asking for $4200 to finish the old estate and probate his estate. Couldn't I just finish his estate and do the Petition for Ancillary Summary Administration for his estate?

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Unfortunately probably not. FL is one of a few states that mandates that an attorney be involved in the probate process as they consider it practice of law.. According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.

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So you are going to have to have some attorney involved in the case by law unless you can convince a judge that you are the only interested party, which will be kind of tough since brother's estate is also an "interested party"..

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thanks

Barrister

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