Abuse of Power and No Transparency

[Amiras]

Jurisdiction

Florida

Is there a statute in Florida that protects a family member from an abusive executor of an estate?

A younger sibling took over my parents' bills and estate matters prior to a parent's death.

Normally my surviving parent would be handling the affairs but is not able to handle it so it was agreed that my sibling would take them over without my awareness or consultation. Apparently, an attorney has a legal agreement.

The problem is that my sibling is not a good candidate for the role of an executor. My sibling makes important decisions without my involvement and refuses to communicate with me, is hostile and insulting -- an adult bully -- and cannot be trusted. There is no transparency.

Is there a Florida statute that can dispute and remove an unfair, uncommunicative, unreasonable and untrustworthy executor that refuses open and honest communication? I want to invoke that statute with a revised legal agreement.

I am not interested in an invasive and expensive conservatorship or guardianship. I want to keep this as private and simple as possible.

The important step is enforcing whatever legal rights protect transparency and fairness. My goal is to have equal rights and access to all information regarding our family's matters.

Please advise. Thank you.

 

[adjusterjack]

Is there a Florida statute that can dispute and remove an unfair, uncommunicative, unreasonable and untrustworthy executor that refuses open and honest communication? I want to invoke that statute with a revised legal agreement.

There are lots of statutes. They are all in the Florida Probate Code. Read the statutes and pick whichever you think might convince your sibling to behave.

Statutes & Constitution :View Statutes :->2021->Chapter 733 : Online Sunshine (state.fl.us)

I am not interested in an invasive and expensive conservatorship or guardianship. I want to keep this as private and simple as possible.

I wish I had a dollar for every time I've read something like that. I'd have to add a room to my house.

The important step is enforcing whatever legal rights protect transparency and fairness. My goal is to have equal rights and access to all information regarding our family's matters.

If you can't achieve that by quoting statutes you will have to hire yourself an attorney and litigate.

 

[Amiras]

Thank you for the link to the statutes. I don't see anything so far that protects against lack of transparency and failure to communicate.

 

[adjusterjack]

Try the Duties and Powers section.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

Looks like several sections might apply.

 

[zddoodah]

A younger sibling took over my parents' bills and estate matters prior to a parent's death.

Normally my surviving parent would be handling the affairs but is not able to handle it so it was agreed that my sibling would take them over without my awareness or consultation. Apparently, an attorney has a legal agreement.

So, basically what you're saying is that, when both of your parents were alive, your sibling and your parents agreed that your sibling would handle their finances (there were no "estate matters" while both of them were alive). Then, one of them died, and your sibling continued to handle the surviving parent's finances. Correct so far? You mention that happened without your "awareness or consultation," which makes me wonder if you thought it was required that anyone let you know or consult with you about this.

The problem is that my sibling is not a good candidate for the role of an executor.

Just to be clear, serving as executor and taking "over [a] parent['s]" finances are two completely different things. Was your deceased parent's estate probated or is it being probated? A person can only become executor by being appointed by the court. You are free to oppose your sibling's petition to be appointed as executor and seek to be appointed executor yourself.

My sibling makes important decisions without my involvement and refuses to communicate with me, is hostile and insulting -- an adult bully -- and cannot be trusted. There is no transparency.

Why do you think you have any right to be involved? As it relates to your deceased parent's estate, the law requires occasional accountings and inventories of assets. However, depending on how your parents' finances were set up when both were alive, there may not be a need for probate or probate may be a very simple process. As it relates to your surviving parent's finances, that's entirely between the surviving parent and your sibling unless they choose to involve you.

It's not clear whether you have a legitimate beef, but I would encourage you to consult with a local attorney to discuss exactly what's happening and obtain legal advice based thereon.

 

[Amiras]

Try the Duties and Powers section.

Looks like several sections might apply.

This looks promising. Thanks.

So, basically what you're saying is that, when both of your parents were alive, your sibling and your parents agreed that your sibling would handle their finances (there were no "estate matters" while both of them were alive). Then, one of them died, and your sibling continued to handle the surviving parent's finances. Correct so far? - Yes, correct. My sibling assumed the responsibility just prior to my parent's death. See below why that is a problem. Yes, mention that happened without your "awareness or consultation," which makes me wonder if you thought it was required that anyone let you know or consult with you about this. - I am the oldest and don't like secrets. There should not be any reason to hide anything. There is currently a complete failure to communicate.

Just to be clear, serving as executor and taking "over [a] parent['s]" finances are two completely different things. Was your deceased parent's estate probated or is it being probated? A person can only become executor by being appointed by the court. You are free to oppose your sibling's petition to be appointed as executor and seek to be appointed executor yourself.

- Thank you for that clarification. I would definitely dispute my sibling being an executor if it comes to that. For now, I guess my sibling's role is a Personal Representative while there is a surviving parent.

Why do you think you have any right to be involved?
- As the oldest, I feel entitled to transparency and open communication on all important matters. I don't mind if the sibling handles the bills as long as I know what is happening and everything is upfront and honest. This sibling has demonstrated poor judgement, bullying and other undesirable traits that raises red flags and serious concerns.
As it relates to your deceased parent's estate, the law requires occasional accountings and inventories of assets. However, depending on how your parents' finances were set up when both were alive, there may not be a need for probate or probate may be a very simple process. As it relates to your surviving parent's finances, that's entirely between the surviving parent and your sibling unless they choose to involve you.

It's not clear whether you have a legitimate beef, but I would encourage you to consult with a local attorney to discuss exactly what's happening and obtain legal advice based thereon.

 

[Zigner]

You are not entitled to anything until and unless the will (and/or the court) says so. The fact that you are the eldest child (or the youngest, or the middle for that matter) doesn't confer any special standing upon you.

 

[zddoodah]

I am the oldest and don't like secrets. There should not be any reason to hide anything. There is currently a complete failure to communicate.

Absent more information, this is all legally irrelevant (especially the first sentence).

You ignored this question: Was your deceased parent's estate probated or is it being probated?

And, if it is being probated, is your sibling the court appointed executor?

As I indicated previously, your sibling's role in connection with your surviving parent's finances is a matter that is legally none of your business. You are, however, free to discuss your opinions about the matter with your parent and/or your sibling.

 

[Amiras]

Absent more information, this is all legally irrelevant (especially the first sentence).

You ignored this question: Was your deceased parent's estate probated or is it being probated?

And, if it is being probated, is your sibling the court appointed executor?
- That is not an issue at this point.

As I indicated previously, your sibling's role in connection with your surviving parent's finances is a matter that is legally none of your business. - I respectfully disagree with this statement. You are, however, free to discuss your opinions about the matter with your parent and/or your sibling.

The most important concern that I listed above and can prove and establish is this: This sibling has demonstrated poor judgement, bullying and other undesirable traits that raises red flags and serious concerns.

 

[Amiras]

You are not entitled to anything until and unless the will (and/or the court) says so. The fact that you are the eldest child (or the youngest, or the middle for that matter) doesn't confer any special standing upon you.

I appreciate your feedback.

 

[zddoodah]

As I indicated previously, your sibling's role in connection with your surviving parent's finances is a matter that is legally none of your business.

I respectfully disagree with this statement.

Based on what? I get that you have concerns about your sibling handling your parent's finances, and I'm not minimizing your concerns at all. However, legally, if Person A wants to let Person B handle his/her finances, it's none of Person C's business. If you have statutory or case law that says otherwise, please cite it because I'd like to educate myself.

 

[Zigner]

The most important concern that I listed above and can prove and establish is this: This sibling has demonstrated poor judgement, bullying and other undesirable traits that raises red flags and serious concerns.

I'd like to point out that "poor judgement", "bullying", and "undesirable traits" are entirely subjective ideas.

 

[Amiras]

I'd like to point out that "poor judgement", "bullying", and "undesirable traits" are entirely subjective ideas.

Not when there is hard proof and evidence to establish facts vs. opinions and objective vs. subjective statements.

 

[army judge]

The most important concern that I listed above and can prove and establish is this: This sibling has demonstrated poor judgement, bullying and other undesirable traits that raises red flags and serious concerns.

You need prove nothing on this website.

If you have the goods, prove it in court.

Proving something to nobodies gains you zilch.

 

[Amiras]

You need prove nothing on this website.

If you have the goods, prove it in court.

Proving something to nobodies gains you zilch.

I am not trying to PROVE anything to anyone here. I was merely responding in generalities to comments that I was getting here without getting into personal details.

My intention of posting here was to get some guidance on local laws prior to talking to an attorney.

The only one that helped me in that regard was adjusterjack, the initial responder.

 

[Zigner]

The only one that helped me in that regard was adjusterjack, the initial responder.

You are closed minded. Good luck.

 

[stealthy1]

Dude..... I'm in a similar situation, but not quite. Many of these same folks have provided much the same input for me (elsewhere), and they know me a heck of a lot longer than they do you. Seriously. Read as much as you can and consult an attorney. No matter how much you know? You don't know enough.