Intestate...Is a personal rep obligated to serve interest of heirs?

[HalcyonWarning]

What is the name of your state? Florida

My father died intestate in Florida, I have one sister.
His house is on leased land. My aunt has filed for personal representative, and her attorney tells me I stand to lose nothing by letting her serve.
Is she obligated to make decisions in best interest of the heirs(me and my sister?)
Will we have any influence in her decisions? Can she sell my dads house if she wants to?
Me and my sister live several states away and cannot obtain time off work to serve, and we also dont have money to pay my dads bills in meantime...
Am I risking anything by allowing my aunt to serve as PR?

Please help...

 

[BlondiePB]

What is the name of your state? Florida

My father died intestate in Florida, I have one sister.
His house is on leased land. My aunt has filed for personal representative, and her attorney tells me I stand to lose nothing by letting her serve.
Is she obligated to make decisions in best interest of the heirs(me and my sister?)
Will we have any influence in her decisions? Can she sell my dads house if she wants to?
Me and my sister live several states away and cannot obtain time off work to serve, and we also dont have money to pay my dads bills in meantime...
Am I risking anything by allowing my aunt to serve as PR?

Please help...

Your father's bills are to be paid for by the estate, which the PR is responsible to do from the estate account. Here's a link below that you can read about FL probate under Estates and Trusts. You will learn in the statutes, that you and your sister cannot be the PR. Your aunt has a fiduciary duty to follow the law.

You can make arrangements via the probate division of the courthouse to have a copy of all documents sent to you for a fee. Should you have further questions after reading the probate statutes, feel free to call an attorney in the county where probate is taking place for specific answers. Most will provide a free initial consultation.

www.flsenate.gov/statutes

 

[Am I an Heir]

Why can't they be PR?

You will learn in the statutes, that you and your sister cannot be the PR.
www.flsenate.gov/statutes

Why can't she or her sister be the PR? I have been reading the FL statutes quite regularly lately and see nothing that precludes them from serving as the PR.

 

[ladybg1]

you have to be a resident of Fla to be the PR. I have been going through this for the last 1 1/2 yrs on my dads estate as the PR. Hopefully we can get everything before the judge this week to allow us to close on the house in Ft. Ldl. Then will only have the accounting and a proposal for the final distribution . That will also have to be approved by the judge & I can issue checks & be done.

 

[BlondiePB]

Why can't she or her sister be the PR? I have been reading the FL statutes quite regularly lately and see nothing that precludes them from serving as the PR.

The reason that the poster and his/her sister cannot be the PR is because the deceased has a sister who is a resident of FL.

 

[BlondiePB]

you have to be a resident of Fla to be the PR.

One does not, necessarily, have to be a FL resident to be the PR for an estate in FL.

 

[HalcyonWarning]

Thanks for the advice let me clarify...both me and my sister live out of state, my father had no relatives living in Florida, my aunt lives out of state as well, I am just worried that she will not act in my best interests...

Thanks again

 

[BlondiePB]

Thanks for the advice let me clarify...both me and my sister live out of state, my father had no relatives living in Florida, my aunt lives out of state as well, I am just worried that she will not act in my best interests...

Thanks again

Trust your instincts.

 

[Dandy Don]

You have nothing to worry about. She must administer the estate according to state law and her actions will be overseen by the court.

You may want to consider hiring your own Florida attorney to get a second opinion about what is occurring in probate. She doesn't get to decide whether the house is sold--the heirs need to decide that and then inform the personal representative of their wishes and even if she doesn't agree the heirs can force a sale.

The surviving children are the only heirs and all the personal representative will get is a personal representative fee.

DANDY DON IN OKLAHOMA ([email protected])