Legal Question in Civil Litigation in Florida
Civil Court
Mother is suing me for property that was given to me when my father died. Per his will, if he died and his wife was unable to serve because she was on her death bed at that time, my sister was the personal representative. Can my mother sue me almost 4 years later when it was legal according to the last will of my father?
2 Answers from Attorneys
Re: Civil Court
Maybe. As a general rule, a husband is not allowed to completely cut his wife out of his will in Florida. You should speak with a probate lawyer and describe the entire situation, because you haven't listed enough of the facts for me to give you a full answer.
Re: Civil Court
It is hard to comment without knowing what your mother alleges. However, if your father's will devised something to you and the will was properly probated, then the property is yours and should not be subject to a claim by your mother. Again, though, it is difficult to express any opinion because you do not tell us what your mother alleges.
PS -- 4 years later does not sound like she was on her "death bed."
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