New Estate Assets After Probate Final Accounting And Distribution

[richie78]

My question involves estate proceedings in the state of: Florida

An aunt of mine died 20 years ago. The probate of her estate was completed and closed shortly thereafter. Recently, another probate court directed distribution to her estate her inheritance from her Mother's estate. I am an heir of this aunt under her will that was part of her probate 20 years ago.

My questions are: does a new probate of my aunt's estate have to be initiated to handle the recent unexpected distribution to her estate, or will the old probate be reopened? How will further distributions from her estate of this recent inheritance receipt be made and accounted for? Will the earlier closed probate final accounting be revised and updated to show the new distribution to heirs, or must a new accounting be initiated?

[lwpat]

Someone will need to file to reopen probate.

[richie78]

Someone will need to file to reopen probate.

Hello LWPAT,

Thanks for responding, I was beginning to believe that I was the only one with this kind of problem. Sorry took so long to respond.

I would think that the estate would have to reopen probate so that any distribution can be supervised. Otherwise how else would there be any assurance that the assets get where they are supposed to.

Who would/should reopen the probate, and how would that be accomplished?

[lwpat]

The previous personal representative if available or anyone with an interest that meets the state's requirements to serve.

[richie78]

The previous personal representative if available or anyone with an interest that meets the state's requirements to serve.

Hello LWPAT,

The previous personal representative was my Aunt's brother who died before the new assets were received by my Aunt's estate. And the new assets were distributed from my Aunt's sister's estate. There are no other family members alive except for my brother and I. So I guess that would be one of us.

However, the estate attorney who assisted my now deceased uncle, the personal representative of my Aunt's estate, received the new distribution for my Aunt's Estate, and apparently made subsequent distribution outside of the probate court, and has not provided any kind of accounting of the distributions that were made, or to whom made. How can the attorney do this without the authority of a Probate judge?

If I am able to open the estate again, will the probate court require the attorney to fully disclose and account for the distributions that were made?

[lwpat]

It is helpful to give all of the information and ask all your questions in your first post. You need to make a written demand CRRR for an accounting from the attorney. You and your brother should both sign it and give him ten days to respond. If you do not hear from him file a complaint with the state bar and also file to reopen probate.

[richie78]

Hello lwpat,

Your responses are really appreciated, and help me to begin to understand what I'm up against.

You need to make a written demand CRRR for an accounting from the attorney. You and your brother should both sign it and give him ten days to respond.

I assume that the CRRR is a Certified Return Receipt Required mail requesting the information. Is that correct? If so, I have already received the signed Certified Return receiptapparently signed by one of the office personnel, but the attorney is not providing me with any response to my request.

If you do not hear from him file a complaint with the state bar and also file to reopen probate.

How would I find out who to complain to at the State Bar? Where do I find the address to write the complaint to? Also since I live in Texas and the attorney is in Florida, can I still file to reopen the probate? Is there some specific form, or document that I must use to do so? Would I file with the same Probate Court that handled the original Probate?

[lwpat]

Google State Bar of Florida and the website should provide the information on filing a complaint.

You would reopen in the same probate court. I am not sure if Florida has a residency requirement for PR's. The clerk can tell you. If so you will need to retain an attorney which is probably better anyway. He may be able to straighten it out with just a call to the other attorney.

[richie78]

Google State Bar of Florida and the website should provide the information on filing a complaint.

You would reopen in the same probate court. I am not sure if Florida has a residency requirement for PR's. The clerk can tell you. If so you will need to retain an attorney which is probably better anyway. He may be able to straighten it out with just a call to the other attorney.

Thanks for the quick response, lwpat. Your information has been very helpful to me. Looks like I can now proceed with confidence. About the lawyer tho, should I work thru my local attorney, or should I try to contact a lawyer in Florida?

[seniorjudge]

Q: About the lawyer tho, should I work thru my local attorney, or should I try to contact a lawyer in Florida?

A: You should hire a lawyer who has an office across from the courthouse where the lawsuit is filed.