What officials can do

Problem: Timid courts.
Solution: Exercise judicial authority. Judges and other court officials don't just have the power to investigate problems in estates; they have the duty.

Problem: Excessive fees.
Solution: Derail the estate fee gravy train. Slash the percentage fees for estate lawyers and executors; require them to charge for the work they actually do. Limit "double-dipping" by lawyers who serve as executor and attorney on the same estate.

Problem: Busted deadlines, stolen money.
Solution: Enforce deadlines. When an executor keeps an estate open beyond the time limit, require a formal accounting of the money before granting a time extension.

Problem: No appraisals, cozy deals.
Solution: Require executors to obtain independent appraisals before selling valuable estate goods, and to provide copies to the court and beneficiaries. Forbid appraisers to buy or arrange the sale of items they have valued, unless they can prove the deal was made at arms-length.

Problem: No accountability.
Solution: Require a financial accounting in every case; a responsible estate administrator will have no trouble providing one. Require court clerks to examine the accountings for signs of trouble.

Beneficiaries could waive these safeguards to save money or time. Before they do, however, estate administrators should be required to notify them in writing that they are giving up important protections.

Even if officials do nothing to reform the probate system, consumers can protect themselves by using existing legal rights:

• Contact the judge and demand an explanation if an estate stays open too long, or if there are signs of trouble.
• Demand appraisals of potentially valuable estate property and question an administrator who wants to sell valuables to the appraiser who set their price.
• Don't waive your right to a final accounting. Estate administrators who must document their work will be much less inclined to waste or steal your inheritance.
• Hammer out a reasonable fee with lawyers and executors before hiring them to manage an estate. (Just because a lawyer wrote a will does not mean he has to handle the estate.) Even if you have no prior agreement, the law gives you the right to challenge excessive fees before a judge.
• Pick a lawyer carefully. Make sure the attorney has solid experience in estate-planning, and will plainly discuss legal issues and fees. For help in finding a lawyer, call the Florida Bar's referral line at 1-800-342-8011. Before hiring one, call the Bar's ethics office (Tampa 875-9821) to see if the lawyer has any documented history of misconduct.