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  1. #1
    Join Date
    Aug 2009
    Posts
    121

    Default Details of Final Probate Paperwork

    Florida. I have to reopen Mom's estate (I was PR; Mom died in 2009) because the attorney handling it failed to deal with two assets, a 1/240 share of a mineral trust and the remaining cash in the estate checking account. I did not receive copies of the final paperwork, and the attorney has since died.

    I read that I will need to prepare a Final Accounting and a Petition for Discharge. Elsewhere I find that a Waiver of Accounting substitutes for a Final Accounting.

    I found a document Petition for Discharge relative to my court, though it seems to be an internal checklist rather than the Petition that I will need to submit. I find probably useful information though it's from the wrong state.

    These assets will be transferred to me (as beneficiary, not as PR). There is no chance of this being contested, and all beneficiaries approve of the plan. The trust is being transferred to me rather than split up because it's small and my sisters prefer that I take it all rather than splitting it up into even tinier slices. The bank account is small, consisting mostly of dividends from the trust since Mom died.

    1) All beneficiaries signed a Waiver of Accounting in 2012. Will I need to repeat this process?

    2) Is there a form for, or sample of, a Petition for Discharge somewhere?

    3) What papers should I expect from the court to enable the transfer of the trust share? The trustee of course insists on proper papers, but I don't know what those are.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Details of Final Probate Paperwork

    If you don't want to prepare an updated accounting that reflects the additional assets then, yes, it is necessary for the beneficiaries to waive the accounting.

    Go to the county law library or an area law school library, look in a practitioner's guide to probate, and you'll likely find sample and example forms that will serve your needs.

    If you need a special order for the transfer of the trust share, you can anticipate that it will be a document that you will need to prepare and provide to the court for signature and entry. As it sounds like you're dealing with an institutional trustee, your best bet may be to ask the trustee what the order must contain.

  3. #3
    Join Date
    Aug 2009
    Posts
    121

    Default Re: Details of Final Probate Paperwork

    Thanks. Good leads.

  4. #4
    Join Date
    Aug 2009
    Posts
    121

    Default Re: Details of Final Probate Paperwork

    Turns out I have to retain an attorney anyway. Florida Probate Rule 5.030(a) says "every PR, unless the PR remains the sole interested party, shall be represented by an attorney". Even though my sisters agree that they have received their shares, they are technically still interested parties. This is going to cost me $1500. Lots of law firms advertise about lowering probate costs, but they are talking about lowering the cost of probating high-end estates, not minimal subsequent administrations, and $1500 is the fee automatically assumed reasonable. Well, I can't change it, and the error was partly mine for signing a Waiver of Accounting that said I had received everything due to me.

    Edward

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