Legal Question in Wills and Trusts in Florida

Exectuor is claiming through probate will was lost and/or destroyed..There is a house involved under one hundred thousand...no surviving spouse, One surving child and one deceased child. Will the court do everything in their power to contact the children of that deceased child for their fair share of the home value? Or is it up to those grandchildren to hirea lawyer first?
Hernando County florida..

Asked on 12/23/10, 1:28 pm

3 Answers from Attorneys

Ronald Jones Ronald A. Jones, PA

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Ok, based on what you are asking, I'm a little confused. First, is the executor named under the "lost or destroyed" will trying to get the lost will admitted? If they are, then they need to give notice to the surviving child and the surviving grandchild in order to let them challange it. If the surviving grandchild is under 18, then they'll have to give notice to one or both parents.

If on the other hand, the estate is 'intestate', where they are not trying to get the lost will admitted, then the surviving child (assuming he's an adult) is probably going to be entitled to be executor. If someone else is trying to be executor, then I'm not sure what is going on.

Really, the child and/or the grandchild should probably contact a probate lawyer as soon as possible; while the court should look after their interest, it doesn't always happen as it should.

Answered on 12/28/10, 1:47 pm

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Richard Kaplan

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My standard answer always is that if you need to ask whether you need an attorney, you have already answered your own question and that you need to hire one.

Answered on 12/28/10, 4:12 pm

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