You should be able to go on-line to the Sec of State website and download for a very low cost the articles of incorporation, the last annual report filing, if the business qualifies for a certificate of good standing, and any other corporate documents on file with the state. Having these will give you a pretty solid idea of what the business is organized under (sole-proprietor, S corp, LLC, etc) and if there is anyone else out there that could have access to the business (as per how the articles were done or modified) & if Sissy is doing what needs to be done to keep the business "in good standing".
To me, I'd start on these first as you can totally DIY this part; then if all is current and ok and in good-standing, then Sissy is in charge. Sissy doesn't have to allow you access. But if not, then you just going to have to take these documents and see an estate and probate atty to have them deal with the situation. Your going to need an atty to ever get Sissy compelled to turn over records for discovery.
Business can continue to exist even with owners death, as a business usually is its own legal entity. Out of curiosity, could mom have deliberately done the business & had all her sources of income & assets within the business as a way not to have to deal with having a will or ever opening probate? If so, try to find out just who is/are/were the K-1's for the biz. If it's not mom, well it's going to be interesting…..
If the business was incorporated, the corporation may have to be rearranged. This is done separately from settling your mother's estate. Read the Will to see if it mentions ownership in a corporation. Also note that the Executor is the only one with authority to distribute the estate, that probate has to be filed and the mandatory state waiting period has to be observed.
By business account do you mean a business checking account? And if so, whose business was it, and is there a value for a "going concern"?
Also, how was the account titled? If it was as joint tenants with rights of survivorship, the ownership ceded to your sister on your mother's death. My understanding of that situation is that your sister doesn't have to provide information or share the funds with you or your siblings.
However, as a business checking account, there may be other authorized parties. E.g., a co-owner, officer of the company, etc. might also have been authorized to sign. You'll have to get this information from the bank.
A major issue is the fact that your mother did not have a will. Did she write what's called a "holographic" will? If not, then the division of assets must follow statutory terms.
You'll need to find out Florida's statutes regarding dying "intestate" (without a will). I think the other main issue is the business. Who's running the business now?
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To me, I'd start on these first as you can totally DIY this part; then if all is current and ok and in good-standing, then Sissy is in charge. Sissy doesn't have to allow you access. But if not, then you just going to have to take these documents and see an estate and probate atty to have them deal with the situation. Your going to need an atty to ever get Sissy compelled to turn over records for discovery.
Business can continue to exist even with owners death, as a business usually is its own legal entity. Out of curiosity, could mom have deliberately done the business & had all her sources of income & assets within the business as a way not to have to deal with having a will or ever opening probate? If so, try to find out just who is/are/were the K-1's for the biz. If it's not mom, well it's going to be interesting…..
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Also, how was the account titled? If it was as joint tenants with rights of survivorship, the ownership ceded to your sister on your mother's death. My understanding of that situation is that your sister doesn't have to provide information or share the funds with you or your siblings.
However, as a business checking account, there may be other authorized parties. E.g., a co-owner, officer of the company, etc. might also have been authorized to sign. You'll have to get this information from the bank.
A major issue is the fact that your mother did not have a will. Did she write what's called a "holographic" will? If not, then the division of assets must follow statutory terms.
You'll need to find out Florida's statutes regarding dying "intestate" (without a will). I think the other main issue is the business. Who's running the business now?