[FL] If an executor refuses to execute a will, what can I do?
I have a 2nd cousin that, according to a will, is due to receive a condominium in Florida. His stepsister is the Power of Attorney for the will. She is refusing to probate the estate and settle the will for over a year now. Are there any options available to him?
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The smart thing is to get an attorney. The reason for that is because this person is delaying probate of the will, and the law doesn't specifically require that they do it at all—they’re allowed to resign from being in charge of the will.
A lawyer can take the will and then pursue probate of the estate with or without his stepsister.
I don’t have any specific contacts; however, I can do the next best thing. One thing I recommend is going through your state’s Lawyer Referral Service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people.
You can also return to this site and ask questions to me as you go through this process to keep your costs down.
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I have a 2nd cousin that, according to a will, is due to receive a condominium in Florida. His stepsister is the Power of Attorney for the will. She is refusing to probate the estate and settle the will for over a year now. Are there any options available to him?
Lexi, Chatbot
I understand your concern about your 2nd cousin's situation. Has your 2nd cousin tried to communicate with the stepsister about probating the estate and settling the will?
Yes, she refuses.
Lexi, Chatbot
Is there a specific reason why the stepsister is refusing to probate the estate and settle the will?
Family relationship issues. They do not get along.
Lexi, Chatbot
Is there anything else the estate lawyer should know before I connect you? Rest assured they’ll be able to help with your probate issue.
Yes
Legal Eagle
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Has anyone filed a petition in probate court to admit the will and request the appointment of a personal representative, especially since the stepsister is refusing to act?
No
Legal Eagle
Ok thanks! Just a few more questions.
Would your cousin be willing to file that petition himself or with an attorney's help, since waiting on the stepsister may delay things indefinitely?
There is a trust fund for the three siblings, and a piece of property being given to the other two siblings and the property in Florida being given to the third according to the will.
Legal Eagle
Understood! So you're just wondering what their rights are here, correct?
In addition to the situation, my 2nd cousin is currently incarcerated in Pennsylvania, and he wishes to appoint me as his Power of Attorney to handle the Florida property and the trust fund on his behalf.
Legal Eagle
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
I think it would be best to file the petition through an attorney.
Legal Eagle
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
Legal Eagle
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
Legal Eagle
The smart thing is to get an attorney. The reason for that is because this person is delaying probate of the will, and the law doesn't specifically require that they do it at all—they’re allowed to resign from being in charge of the will.
A lawyer can take the will and then pursue probate of the estate with or without his stepsister.
I don’t have any specific contacts; however, I can do the next best thing. One thing I recommend is going through your state’s Lawyer Referral Service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people.
You can also return to this site and ask questions to me as you go through this process to keep your costs down.
Legal Eagle
Does that help clarify things? I want to make sure I didn’t leave anything out.
She definitely does not want to give up being in charge of the will. She currently has the only valid copy of the will and I do not know who the attorney is that wrote it and have no idea how to find out.
In the meantime, she has been managing the property in New York, leaving it in her mother’s name so that she continues to pay taxes on the over-65 rate instead of it being brought current, which would make the rate probably five times as much.
I received documents from the condo association here in Florida about two months ago stating that she has not been paying the condo fees and owed about $5,000. I informed her and gave the condo association her name and address. The condo association was not aware that she had passed away.
Legal Eagle
Your cousin needs to take legal action to get the will admitted to probate, especially since the stepsister is refusing to act and appears to be mismanaging estate property.
Without probate, the estate can’t be properly administered or transferred, and the stepsister has no legal authority to continue holding the will hostage.
Your cousin can file a petition with the Florida probate court requesting admission of the will and appointment of a personal representative, even without having the original copy, by explaining the circumstances to the court.
Do you have contact information for the Florida probate court?
Legal Eagle
Sure thing! What county?
Broward.
Legal Eagle
Sure thing! Here you go: www.browardclerk.org/
How can I request admission of the will if I don’t have a copy?
Legal Eagle
If a lawyer is hired, then they will have the authority to subpoena a copy from the person in possession.
If they are given a subpoena, aren’t they required to provide the information? I would think there were additional steps that could be taken to get the information.
Legal Eagle
Yes, if a subpoena is properly issued by the probate court, the person or entity holding the will—like the stepsister—would be legally required to produce it.
If she refuses, the court can compel her through enforcement measures like contempt.
Your cousin can absolutely take additional legal steps, such as filing a petition to compel production of the will or requesting discovery once the probate case is opened.
Perfect
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
I have everything that I need for now, thanks.
Legal Eagle
Thank you so much for contacting us! We're happy to help whenever you need it.
Legal Eagle
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