How do you plead to probate court in florida?
Question : How do you plead to probate court in florida?
I am a beneficiary in my fathers will. He died almost a year ago. To make a long story short the representative is ripping us off and the probate attorney is incompetent. Nothing has been done on time or correctly. I wrote the court over 6 months ago as well as another beneficiary and they just ignored us. We have not received one dime from my fathers estate and I think they are going to file for an extension. They didn’t file his VA insurance on time and now they won’t pay his medical bills so they are using that as an excuse. I can not afford an attorney. The smallest retainer fee is 2,500.00 which I don’t have. Everyone told me to wait until they try to close probate but at this point I don’t think the court will even look at anything other than to sign off. I feel like I have been raped by the representative, her attorney and the court system doesn’t care. Has anyone else had experience in the Florida probate? Time is of the essence here. The representative has already blown almost 50,000.00 supposedly taking care of the homestead which she never approved of taking over by the court. Are me and my other siblings gonna get taken to the cleaners or what. I am at my wits end on this.
my biggest problem is getting the attention of the court. It is my understanding the courts in Florida are already clogged. I guess when probate is opened they just file the papers and there isnt even a judge asigned to it yet. I worte them and did it all legally but didnt get any response. I thnk the representative is getting nervous, she has already tried to talk us into signing the waivers for no accounting and we’re not buying it.
florida probate attorney
Best answer:
Answer by MenHaveRightsToo!
You need to act NOW!!!
You father must be rolling in his grave knowing of the heartache you and your siblings are going through!
In contested matters, a probate court examines the authenticity of a will and decides who is to receive the deceased person’s property. In a case of an intestacy, the court determines who is to receive the deceased’s property under the law of its jurisdiction. The probate court will then oversee the process of distributing the deceased’s assets to the proper beneficiaries. In some jurisdictions, such courts are also referred to as orphans courts, or courts of ordinary. Not all jurisdictions have probate courts, in many places, probate functions are performed by a chancery court or another court of equity.
Probate courts may also deal with other matters, including conservatorships, guardianships, name changes, marriages, and adoptions; although in some jurisdictions these issues are dealt with by family courts.
The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.