Keystone Heights, FL Estate Planning Law Firms & Lawyers

The surviving spouse is entitled to preference in choosing a Personal Representative but she can always sign a consent to having someone else (Spouse B) be the P.R. and the courts will honor it. I also suggest that she disc laim her right as surviving spouse to his property, if there is any. That would benefit his kids and not spouse B, however. Spouse A can simply assign her bequests to Spouse B if she is cooperative.

Most states will admit a Will written in another state to probate if the Will was valid in the other state when it was signed. Administration of a trust is governed by the law of the state where it is administered.  Other concerns (investment, distribution, etc.) are governed by the law stated in the document.  If you create a Floirda trust and later return to New York, only the law governing administration will change.  The Florida law provisions governing the trust itself will still be enforceable.

If she really is the administrator of the estate, then she has to account to the court, and should be copying you with those accounts. Go to the courthouse and ask to see the file for the probate of decedent's estate, and then you will know everything that has been going on.