Legal Question in Wills and Trusts in Connecticut

probate

I was the excecrtrix for my mothers estate and at the last minute a lawyer had to step in because i was not able to get bonded..now the lawyer is draging out the process and i want to do a statement in lieu of account .every one in the will has signed this except a brother who has been incarcerated for many years,mother did express her desire to remove him from the will but died before she had a chance to,does he have to sign or can i submitt the form without his signiture?


Asked on 5/08/07, 7:41 pm

1 Answer from Attorneys
Linda Littlefield, Esq. The Littlefield Law Group, P.A.

Re: probate

You should consult with your attorney regarding this issue. Generally speaking, your brother would have to sign unless you can prove that you have exhausted all avenues as outlined in the Florida Probate Code (see your attorney for an explanation of the steps you must take). Also, it does not matter that your mother expressed a desire to remove your brother from the will, what matters, legally speaking, is what was written on her will at the time of her death. If you feel that your attorney is not doing his or her job, you have a right to fire that attorney and hire a different one. However, I recommend that you first talk to your attorney and find out why the process is taking so long. Voice your concerns and together come up with a plan to move the case along.

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Answered on 5/16/07, 2:29 pm


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