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personal representive writing checks out of account

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wahooman

Junior Member
What is the name of your state (only U.S. law)? Florida

My father died and left a small business to me in his will. The business was the only thing in his name only, so it is in probate. My stepmother is the personal representive. 2 days after he died she withdrew money from the business account. She said she lent him the money 2 days before he died.The account, the little we have seen from them shows a deposit and withdrawl like she said. The loan part is just her word and there are no documents of it.

12 days after he died she wrote a another check for a 8 year old bill to HER insurance company that she said the business owed her company. I know legally she can write checks from the account because her name is on it but can she get away with this? I finally got her to agree to make me the personal representive but she is telling me i owe her a bunch of money and if she would have just left the account alone the business would be in the black. She has an estate attorny but everything takes so long and this is very stressful. I am just looking for any info or advice. I have contacted a attorny for myself but money is real tight right now so I dont want to act to fast on it. Thanks for reading.


The reason a put in the days is for 2 weeks I could not even talk to her because she was so distraght and depressed she could not see anyone or do anyting..... Execpt take money out of the account!!!!
 
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Dandy Don

Senior Member
You need your own attorney for purposes of consultation to get advice about how to proceed. Your attorney will need to look at who exactly owns the business and the fact that she took money out after he died may be illegal if she had no authority to do so. You will want to hire your attorney only for an hourly basis (perhaps for no more than 4 hours) so you can get answers to your questions. The stepmother's attorney is only looking out for HER interests, not yours.
 

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