ncjourneyman
Junior Member
What is the name of your state? Probate in Florida / Live in NC
Mother Deceased - December 2004 - Rest Home - 97yrs. old
Estate value > $2M
NO NOTIFICATION OF ANYKIND/ANYTHING
Two Probate files show up filed "Ex Parte" to Judge
consisting of Will and Appointment of Personal Rep - March 2005
NO PROBATE DOCUMENTS copied to me.
FIND Will/Petition to Appoint PR through Clerk of Court - online database.
WILL- statement of the existence of a Revocable Trust set up in 1991.
NO TRUST INFORMATION
Appointment of the deceased Tax Representative/Friend as Personal Rep.
NO other beneficiaries/devisees listed by name
Notice of Endowment to College announced on Internet - January 2005
Petition to Administer Estate - March 2005 - JULY 2005
NO PROBATE COURT FILED COPIES TO SURVIVING CHILDREN.
NO COMMUNICATION FROM PR OR ATTORNEY FOR PR/ESTATE
RECEIVE PACKET FROM ATTORNEY FOR PR - July 21, 2005
Includes: cover Letter of Introduction*: duel addressed to both surviving children both address all correct except the actual street name.
both street names (only) grossly (purposely) in error: i.e.,
should be "Mill Run" turns out "Mile Run" for one, the other,
should be "Well Road" turns out "Woll Road". All other numbers
and names all perfectly correct. (just intended delay tactics!)
Packet includes: (1) introductory cover letter (above), (2) Letter of
Administration (already had one from clerk of court), (3) Notice of
Administration (already had one from clerk of court), (4) Petition of
Discharge/FULL WAIVER**- signed by PR but not by Attorney for PR.,
(5) Schedule of Distribution - of probate Estate Assets only - all
assets are transfered back into the Revocable Trust ~ $160K. Estate
Administration Costs ~$20K. OF COURSE - No TRUST information.
*cover letter quotes: "Under (deceased) Will her Trust receives all
of the assets of the Estate not already conveyed to her Trust, and
then, after her death, the two of you are equal beneficiaries under
the Trust. (PR) is the appointed Trustee under your Mother's Trust.
Thirty days after you receipt of this information, if we have not
received any objections from you, we will file the Petition of
Discharge (requesting FULL WAIVER, (note: **again completely
illiminate any remaining rights of accounting/accountability).
AFTER the Order of Discharge has been issued by the Court(Ex Parte),
(PR) and I will contact you to effectuate the distribution of Trust."
Question: 1) is this standard fare for Florida Probate?
2) why has communication to the Judge in the matter
of this case been "reserved" just between these
two and him?? No objections / No Motions to Deny, etc.?
3) This attorney for the PR and the PR have already
admitted / acknowledged via cover letter that my sister
and I are "equal beneficiaries under the Trust".
WHERE IS ALL THE PAPERWORK, DISTRIBUTION,
CODICILES, DEFINITIONS, NOTIFICATIONS etc.
due from the date of March 3, 2005????
AND MOST IMPORTANTLY:
4) Especially in this case, is it legal to demand
release of all fiduciary responsibility from Personal
Representative, the Attorney for the Personal
Representative, and the Court (Judge: for that
matter) and only then be "awarded" with "something"
after having already waived any rights to know
the specifics of anything????? Just go away,
shut up, and be happy!!
I invite any and all responses to my rather lengthy
situation, including and specifically responses from
FLORIDA!
thank you for your time!
ncjourneyman
Mother Deceased - December 2004 - Rest Home - 97yrs. old
Estate value > $2M
NO NOTIFICATION OF ANYKIND/ANYTHING
Two Probate files show up filed "Ex Parte" to Judge
consisting of Will and Appointment of Personal Rep - March 2005
NO PROBATE DOCUMENTS copied to me.
FIND Will/Petition to Appoint PR through Clerk of Court - online database.
WILL- statement of the existence of a Revocable Trust set up in 1991.
NO TRUST INFORMATION
Appointment of the deceased Tax Representative/Friend as Personal Rep.
NO other beneficiaries/devisees listed by name
Notice of Endowment to College announced on Internet - January 2005
Petition to Administer Estate - March 2005 - JULY 2005
NO PROBATE COURT FILED COPIES TO SURVIVING CHILDREN.
NO COMMUNICATION FROM PR OR ATTORNEY FOR PR/ESTATE
RECEIVE PACKET FROM ATTORNEY FOR PR - July 21, 2005
Includes: cover Letter of Introduction*: duel addressed to both surviving children both address all correct except the actual street name.
both street names (only) grossly (purposely) in error: i.e.,
should be "Mill Run" turns out "Mile Run" for one, the other,
should be "Well Road" turns out "Woll Road". All other numbers
and names all perfectly correct. (just intended delay tactics!)
Packet includes: (1) introductory cover letter (above), (2) Letter of
Administration (already had one from clerk of court), (3) Notice of
Administration (already had one from clerk of court), (4) Petition of
Discharge/FULL WAIVER**- signed by PR but not by Attorney for PR.,
(5) Schedule of Distribution - of probate Estate Assets only - all
assets are transfered back into the Revocable Trust ~ $160K. Estate
Administration Costs ~$20K. OF COURSE - No TRUST information.
*cover letter quotes: "Under (deceased) Will her Trust receives all
of the assets of the Estate not already conveyed to her Trust, and
then, after her death, the two of you are equal beneficiaries under
the Trust. (PR) is the appointed Trustee under your Mother's Trust.
Thirty days after you receipt of this information, if we have not
received any objections from you, we will file the Petition of
Discharge (requesting FULL WAIVER, (note: **again completely
illiminate any remaining rights of accounting/accountability).
AFTER the Order of Discharge has been issued by the Court(Ex Parte),
(PR) and I will contact you to effectuate the distribution of Trust."
Question: 1) is this standard fare for Florida Probate?
2) why has communication to the Judge in the matter
of this case been "reserved" just between these
two and him?? No objections / No Motions to Deny, etc.?
3) This attorney for the PR and the PR have already
admitted / acknowledged via cover letter that my sister
and I are "equal beneficiaries under the Trust".
WHERE IS ALL THE PAPERWORK, DISTRIBUTION,
CODICILES, DEFINITIONS, NOTIFICATIONS etc.
due from the date of March 3, 2005????
AND MOST IMPORTANTLY:
4) Especially in this case, is it legal to demand
release of all fiduciary responsibility from Personal
Representative, the Attorney for the Personal
Representative, and the Court (Judge: for that
matter) and only then be "awarded" with "something"
after having already waived any rights to know
the specifics of anything????? Just go away,
shut up, and be happy!!
I invite any and all responses to my rather lengthy
situation, including and specifically responses from
FLORIDA!
thank you for your time!
ncjourneyman