Florida Probate Law - Removal of Executor

by Jean from Mohave Valley, Arizona

Florida Probate Law - Removal of Executor:
My grandmother passed away in February. The probate Executor is not handling it according to the will or our grandmother's wishes. I don't have any money, but I just contacted my aunt's lawyer and he said, yes I should probably get a lawyer. Can you help?

Answer to Florida Court Forms Question

Dear Jean,

You don't explain who you mean by "she" in your question. I'm guessing that "she" is the Personal Representative or Executrix of your grandmother's will.

I'm also guessing that your grandmother lived in Florida before she died. According to an online legal encyclopedia Enotes.com, the duties of an Executor of an estate are as follows:

• Locating, inventorying, and obtaining an appraisal of the assets of the decedent
  
  
• Receiving payments owed to the estate, including unpaid salary, vacation pay, or other benefits due the decedent
  
  
• Opening a checking account for the estate
  
  
• Determining how property is distributed
  
  
• Noticing potential creditors
  
  
• Investigating the validity of claims against the estate
  
  
• Paying bills, debts, valid claims and expenses of administrating the estate
  
  
• Discontinuing utilities and credit cards, closing accounts and notifying appropriate private and governmental agencies of the death
  
  
• Filing and paying income and estate taxes
  
  
• Closing the probate

Removing a personal representative is difficult unless there is serious wrongdoing. Probate is very complicated, and I urge you to seek counsel.

You may find this article titled, Vexatious Attorney Conduct Results in Removal of Executor by Attorney Juan Antunez, 2007, on his Florida Probate and Trust Litigation Blog, helpful.

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