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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Estate Disaster

    My question involves estate proceedings in the state of: florida

    My Nanny passed in mid october. My aunt her personal rep came from out of state and emptied out the house & bank accounts than came forward with the will in Dec, placing it in probate in january.

    The attorney hired for the estate sent the will & papers early feb. Upon recieving them I informed the attorney my aunt emptied out everything, that the only item on the probate was the home and there was a car amongst monies my grandmother put aside for all her grandchildren. The car was a cadillac DeVille which was sent home to another state with my aunts son on the day of my grandmothers funeral. My aunt still has not brought that forward to probate just the home.

    last week I get a quitclaim deed mailed to me, my aunt wants to buy out the shares she does not own on the home. Due to her handling of everything thus far I questioned it since the amount put in is $10.00-if she had been honest & following my grandparents wishes & will I would not have objected. By signing this quitclaim deed for $10 way I see it is legally she can give me $10 I sign over my share and Ill owe out for expenses of upkeep and her attorneys fees meaning Id owe out about $3500 and not see a penny of my $15000 share of the home? Now the estate attorney tells me they can no longer speak with me and I need to hire my own attorney.

    my aunt is also trying to bill the estate for some real ridiculous things. The major items she is trying to bill the estate for is her attorney, yet in the will she is given 50% of all and it says in the will the cost of administration is to be paid by her.

    also, it says in the will about how everything is divided- of every kind & nature, wether real, personal or MIXED. would that include the bank accounts my grandmother had my aunt on in case she became incompacitated?

    Can my aunt do what she is doing?

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

    Default Re: Estate Disaster

    If you believe that you are being cheated out of your share of the estate, get a probate lawyer, seek to have your aunt replaced, and litigate your claim.

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Estate Disaster

    Sorry to hear about your situation, I am going through a very similar experience. First off, DO NOT SIGN THE QUIT DEED. It seems like your aunt is putting alot of pressure on you quickly because she wants something you have. Don't let her bully you into giving her 15k. Just say no. Nothing in probate happens overnight, so take some time with your decisions.
    You need to read the Will carefully or have a professional read it for you. Everything owed to you is spelled out there. If your aunt is the Trustee and she has been abusing her privs then she is in really deep doodoo.
    Good luck!

  4. #4
    Join Date
    Apr 2009
    Location
    Jacksonville, Florida
    Posts
    7

    Default Re: Estate Disaster

    The issue isn't whether she can do what she is doing because obviously she is doing it. The issue is whether anyone is going to try to stop her and hold her accountable.

    The attorney handling the estate only knows what his client, the Personal Representative/Executor, tells him. Obviously your conversation with the attorney did not have much impact. As for the Judge who is presiding over the probate proceeding, he only knows what he is told by the parties to the matter; which in this case is only your Aunt and her attorney. Unless you or someone else comes forward to challenge your Aunt she will get away with it.

    What type of notice did you receive when you received the original papers from the attorney? Did you receive a "Notice of Administration"? If you did you need to immediately go back and read that notice. The generally used version of that form states:

    "Any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will (or any codicil), the qualifications of the personal representative[s], the venue, or the jurisdiction of the court, or those objections are forever barred."

    If more than 3 months have elapsed since you were served this notice you may be barred from presenting your claims to the Judge. In other words, assuming that it isn't already too late, you need to do something immediately to preserve your claim.

    TIME IS OF THE ESSENCE!

  5. #5

    Default Re: Estate Disaster

    i feel for you i really do!
    i don't understand why others during a estate want to cause problems!
    they do it over money & it don't matter how much money or assets that the deceased had.it's sad when others just don't leave you alone and allow you to grieve right over your loss!instead they get a thrill over causing problems,
    trying to steal over the estate or has actually stolen!
    all i have to say is for the one's that do that they have no respect for anyone,its sad they have no respect for the deceased person.
    but,they will find out it will come all back to them! sooner or later it will it may even take when they are about ready to pass on!then,some others they end up going and dont care!

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