problem with execution of will in florida

[wichita505]

mywife's aunt died and her brother is the executor. The problem is he's not letting his sisters know anything. He has so far not given them a copy of a will and as far as she knows so far he doesn't plan on having a reading of the will. As well as he has taken the most expensive things from the condo because he says she gave it to him before she died, and finally instead of selling her stuff in the condo he's going to donate them to charity if no one wants it and sell the condo and split it three ways.

question is can he do all this legally? Can he get away with not showing his sisters the will even though they are in it? And Can he give his Aunts item away to charity even though its suppose to be split 3-ways? and finally can he get away with not having a reading of the will? any info you give on this would be great.
thanks.

 

[advisor10]

4-14-2002

DEAR WICHITA:

First, check at the county courthouse probate court to see if the will has been filed (normally this is supposed to be done within 30 days after the death occurs). If it has been filed, you can request a copy. If it has NOT been done, then you should hire a probate attorney to file a petition with the probate court to request/force the brother to submit the will to probate court.

Brother is not the official executor of estate until he files the will and shortly thereafter receives the paperwork (called letters testamentary) to be the executor.

He can get away with not showing others the will, although that is dishonest, unethical behavior. In the interests of full disclosure, that is the least he should be doing.

His disposing of property is also improper. There does not have to be a reading of the will, since it is available through the courthouse.

SINCERELY,

advisor