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What are my chances of being appointed personal representative of my brother's estate?

What are my chances of being appointed personal representative of my brother's estate?

Q: Do you have a right to see your parents' will?

Yes, as an heir or interested party, you generally have the right to see your parents' will after their death. The will becomes a public document once it is filed for probate. However, if the will is not yet probated, access may be limited until the executor files it with the court.

Q: What is a child entitled to when a parent dies with a will?

When a parent dies with a will, a child is entitled to inherit according to the terms specified in the will. This may include specific assets, a percentage of the estate, or other benefits. If the will disinherits a child, they may still have rights under state law, depending on the jurisdiction and the circumstances.

Q: Who inherits if there is no will?

If there is no will, the estate is distributed according to intestacy laws, which vary by state. Typically, the surviving spouse and children are the first in line to inherit. If there are no immediate family members, the estate may pass to more distant relatives, such as siblings or parents, depending on the state's laws.

Full question:

My brother was going through a divorce at the time of his sudden death. No will. He was separated over 2 years, divorce paperwork was in the courts. One son, 20 years old. His separated wife and has moved on and is living with someone as was my brother. I understand that she is entitled to 100% of the estate, which is just about upside down. She seems to think that he was hiding assets and refused to sign a waiver of his rights. She has threatened to get a lawyer. As a sibling, I am going to file to be personal representative. What are my odds of being granted personal representative? How can she interfere? Can I show poor character against her (I just found a courthouse website that shows that she has had approximately 10 cases against her in court (mostly business related, bankruptcy related), to include domestic violence protection order (not against my brother).

Category: Wills and Estates
Subcategory: Executors and Administrators
Date: 04/07/2025
State: Florida

Answer:

As the surviving spouse of an intestate estate, the spouse has priority for appointment as personal representative. According to Florida law (Fla. Stat. § 733.301), the order of preference for appointing a personal representative in intestate estates is as follows:

The surviving spouse.
The person chosen by a majority of the heirs.
The nearest heir if multiple apply.

If the spouse does not waive their rights, they will likely be appointed. You can apply for personal representative, but your chances may be low if the spouse asserts their claim.

Regarding interference, the spouse can contest your appointment. If they believe they have rights to the estate, they may hire a lawyer to challenge your application.

While you may want to present evidence of the spouse's character, such as past legal issues, it may not significantly impact the court's decision about their appointment rights. The focus will be on the legal entitlements rather than personal character.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to prove you are next of kin?

To prove you are next of kin, you typically need to provide documentation that establishes your relationship to the deceased. This can include birth certificates, marriage certificates, or other legal documents that show your familial connection. If there are multiple heirs, you may need to demonstrate your status as the closest relative. In some cases, a court may require additional evidence or testimony to confirm your claim.

What happens if a spouse dies while separated?

If a spouse dies while separated and without a will, the surviving spouse usually retains rights to inherit under intestacy laws. In Florida, the surviving spouse is entitled to the entire estate if there are no children or other heirs. If there are children, the spouse may inherit a portion of the estate. The separation does not terminate the marital relationship unless a divorce is finalized.

What rights does a child have when a parent dies?

When a parent dies, a child has the right to inherit from the parent's estate, regardless of whether there is a will. If the parent had a will, the child would inherit according to its terms. If there is no will, intestacy laws determine the child's share. Additionally, children may have rights to claim benefits such as Social Security or life insurance proceeds.

Do you have a right to see your parents' will?

What is a child entitled to when a parent dies with a will?

Who inherits if there is no will?

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