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Distribution of Assets

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Dsabot

Junior Member
What is the name of your state? Florida

My father died in 1991. He named three beneficiaries of his estate. Me, and his two daughters. The three of us have been unable to get along in 16 years in working through the estate. The executor whom my father named passed away 2 years ago, and the estate is in limbo. At stake is a small amount of money in a savings account, and a 12.5% interest in a building. The 12.5% interest is to be divided 3 ways with each of the heirs owning their 1/3 (the building kicks off distributions yearly). The management company that controls the building in the past was unwillimg to split the 12.5% up, and demanded that the three of us decide who would collect the money and we could disperse it amoung the rest of us. Since the estate was never closed, due to the executor dieing, and the three of us unable to choose a single person to handle the funds, this never happened.

A few weeks ago the management company said that they would just go ahead and split the 12.5% up and start to send distribution checks directly to the heirs.

My question is this. Is there anyway that I can stop this process? The estate owes me over $10k which it doesn't have in cash. I fear that if they split the 12.5% up that I will never be able to recoup what is owed to me. I want to get the $10k out of the building interest first before the distribution.

Any advice is greatly and warmly appreciated.
 


seniorjudge

Senior Member
You will have to get a lawyer and ask the court to appoint a new executor.

I cannot imagine a probate case taking this long.
 

Dsabot

Junior Member
You will have to get a lawyer and ask the court to appoint a new executor.

I cannot imagine a probate case taking this long.
We (the three heirs) are actually working to get the county to appoint an executor. That should eventually lead to the closing of the estate. My concern is the money that is owed to me from a distribution the previous executor made to the heirs and my check was returned in the mail, then he died. I don't want the 12.5% building interest to be divided until I am paid. Is there any way I can stop it.

Is the building manager allowed to distribute money that is earmarked for heirs to them while the estate is still in probate?
 

seniorjudge

Senior Member
Q: Is there any way I can stop it.

A: Yes; file a claim for it.


Q: Is the building manager allowed to distribute money that is earmarked for heirs to them while the estate is still in probate?

A: It depends on what the will said.
 

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