Estate Closure Legal Steps

Summary

To close an estate, the executor must pay off debts, distribute assets, and file a final accounting with the court. If the executor is not performing these duties, you can petition the court for their removal. For attorney negligence, you can report them to the Florida Bar Association. Consult a local attorney for guidance.

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My mother passed in **** * and her husband opened an estate with an old will not even legal per our mediator and the estate was opened with my brother an I residue and we went to mediation in * and done what we should have done and now the lawyers have done nothing but drag this out and all the money is gone out of the estate account and her husband can not prove where it went to. More money is missing and the lawyers are not holding him accountable for anything and my lawyer will not respond to me. I think this is unethical for going on over 6 years now with no consequences to her widowed husband. My question is can you sue the lawyer? How do you get an estated closed. The bill keeps getting higher and higher.
I'm sorry to hear about your situation, ****. You can indeed take legal action against your attorney for malpractice if they have been negligent. To close an estate, the executor must complete certain tasks:
- Pay off any debts or taxes
- Distribute remaining assets according to the will
- File a final accounting with the court
If you are not satisfied with the current executor's actions, you may petition the court to remove them. Please consult with a local attorney for accurate assistance.
A judge has already removed him and nothing has been done.
I'm sorry for the difficulties you're facing, ****. In Florida, you may need to request the court to appoint a new executor. Also, for misconduct or negligence, you can report the lawyer to Florida's Bar Association. Please consult with a local attorney to guide you through this process.