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Can a representative of an estate keep jewelry from the

Can a representative of...

Can a representative of an estate keep jewelry from the estate? Also, if there is a pour over will isn't everything not in the will suppose to go to the trust?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

Pour over will and a trust

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We hired a lawyer but the represtntive is still selling and doing whatever she wants. Confused? What about the trust states: Name gets the house for her life. The estate lawyer said "She has to sign off on the house" but never sent paperwork to the lady. The rep sold the house after 6 months. She never signed any paperwork.

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Answered in 5 minutes by:
11/4/2017
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 3,688
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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A representative of an estate cannot keep jewelry for her or himself unless the representative is a beneficiary allowed to keep the jewelry or the will states the jewelry can be sold and the funds distributed either through the will or into the trust. It's unclear to me what you are saying about the house. Possibly, you can rephrase and I can help you.

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Customer reply replied 3 months ago
My Dad let the house for his girlfriend to live in until she dies. The representative sold the house for a low ball price. The esate lawyer never sent her paper work to sign off. How can they do this?
Customer reply replied 3 months ago
Do I keep paying for every question?

Did the girlfriend no longer live in the house? If the girlfriend had a life estate after your dad pass, then she would have a right to live in the house until she moved or passed away. So, it is unclear how the house was sold without the girlfriend's consent. Are you the executor of the will?

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Customer reply replied 3 months ago
No, I am not. They said she (the girlfriend) did nothing to claim the house there for after 6 months she waived her rights to the house. The estate lawyer never sent her paperwork on to sign off or not. They did not live there, but the trust is clear.

Thanks for the information. What would you like to know at this point besides the jewelry issue? By the why are you able to chat on the phone?

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Hello. I have not heard back you. Are you still looking for help on your question? If so, please let me know. Thank you.

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Customer reply replied 3 months ago
It's not just the jewelry. It's the selling of the house, the selling of the house at a low ball price. The house was sold for $169.500 yet she sold it for $107,000. I have seen her record keeping, and we have never gotten a full account of what my Dad owned or had. She has kept both my sister and I in the dark. We are beneficiaries don't we have rights? He had 2 cars one of which she sold to her daughter for way under market value. I got a check for my portion from her and her husband's personal account 4/5 months after my Dad passed. Wouldn't that be co-mingling of funds? A whole lot of shadiness going on here with the entire estate. Thus far, I have received 50,000. First my Dad had stocks (which she sold) and gave my other sister and I no options. We each received 25,000 from the stocks. 187,000 was the total. 100,000 was distributed. which leaves 87,000. yet her paperwork shows 2,656.00 remaining in the stock fund account. What happened to the other 87,000? Yes there is another account under 'other cash' for 87,000. The whole thing stinks! Please advise.

Have you made a motion or filed a petition in court demanding a full accounting?

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Customer reply replied 3 months ago
we hired a lawyer but nothing seems to be getting done. We need to re-think this entire ordeal.

Yes. If you are a beneficiary and you believe the personal representative is breaching the fiduciary duty or converting assets or committing fraud, the general process is to demand an accounting and request removal of the person from the position. We can continue to discuss if you would like to do so.

Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 3,688
Experience: Helping you with your legal questions.
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