Legal Question in Wills and Trusts in Florida
can i contest a codicil for these reasons
my mom died and i received her will a few days later i received a codicil. my mother was in the hospital due to a brain tumor called glioblastoma and did not have her full memory with her at the time of this codicil being sighned i read it and i saw that her signature was not familar to me at all then i noticed her last name was spelled wrong..im also out of the country do i have to be present if i retain a lawyer?? please i need some help i have lost my mother once and i feel like i am losing her again..thank you
2 Answers from Attorneys
Re: can i contest a codicil for these reasons
You can contest this and present your proof in court. You do not have to be present to retain counsel, but should appear at the hearing. Good luck.
Re: can i contest a codicil for these reasons
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Apparently you feel as if something is wrong with mom's will. Please understand that an ill person's signature often does not look like it did under better times. I recently had an individual sign his codicil to a will and he could barely write although he knew what he was doing. He simply lacked the strength.
If you want to contest the will or codicil, you can hire and attorney to do so without being present but you may need to testify at a hearing or be available for a deposition at some point. Your attorney should be able to arrange it for a date and time convenient for you or to have you testify by telephone if necessary.
Scott R. Jay, Esq.