When a parent dies with a Will, typically, they appoint one of their adult children as the Personal Representative to manage and close out their Estate. Based on the laws in the State of Florida, this person has numerous responsibilities, including:
These actions are not optional – they are legally mandated requirements that the Personal Representative must fulfill. If your parent had a Will that named your sibling as the Personal Representative and your sibling refuses to submit the Will to the Palm Beach County Court, they are breaching their fiduciary duty. Moreover, even if your sibling is not named as the Personal Representative, but has physical custody of the Will, they are still required to file it with the Palm Beach County Court within a timely manner.
If a sibling refuses to show you a copy or a will or to submit a will to probate, it could be an indication that of foul play. For example, it could indicate that you were cut out of the will, that your parent’s assets were dissipated or taken before he or she died, or that changes were made so that your parent’s assets pass outside of probate through pay on death designations or jointly titled assets.
If you believe that your parent had a Will that your sibling is refusing to submit to the Court, you need to hire a probate litigation attorney to fight for your rights. A probate litigation attorney specializes in helping family members manage the Probate process when lawsuits or other challenges are involved. They are especially helpful in emotionally-charged situations because, in addition to providing expert legal guidance, they can view the situation with a fresh lens and offer a clear-headed, outside perspective.
Your attorney will likely send a Demand letter to your sibling to produce or file the original Will. If your sibling doesn’t respond to this, your attorney will file a Motion with the Court to compel your sibling to file the Will to the Probate Court. If they still refuse, they may be held in contempt of Court. Depending on the specifics of the situation, your attorney may also file a Petition to Admit a Lost or Destroyed Will to Probate, Petition for Intestate Administration, and Petition to have your sibling removed as the Personal Representative of the Estate and have you replace them.
Probate litigation cases can be time-consuming and complex. In many cases, the legal costs can be paid by the Estate or by the sibling that refused to produce the Will. Huth, Pratt and Milhauser is one of South Florida’s preeminent probate litigation firms. We offer a free initial consultation to evaluate your situation and advise you if you have a legal case. If you have a sibling who is refusing to produce your deceased parent’s Will, call us today to learn how we can help you.
Huth, Pratt & Milhauser
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HPM is a specialized law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional representation to our clients.
We proudly serve clients throughout the country and around the world from our Boca Raton, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.
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