Legal Question in Wills and Trusts in Florida

Failure to Probate a will
My grandmother had 4 children, her oldest was my mother. My grandmother passed away 7 years ago, and left my aunt as executor (not beneficiary) of her will. My mother had 3 children and passed away 8 yrs ago, and grandmothers will was never changed. I think my mothers interest in her will may still be valid, but the aunt will not let anyone know whats in the will. My grandmother also had itemized lists for each grandchild of what she was leaving for each of us. The aunt has said we wouldnt be getting what we were left because the itemized lists (that were not included in, but put with her will ) were not witnessed or notorized, so she said they are not legal and she doesnt have to give the items to us. How long does she have before she has to probate the will? She also stated when she gets ready to probate she will not do it in our county. Is that legal? How do I find out if my mothers interest is still valid and what do I need to do to get this resolved, as she is unwilling to cooperate with anyone. It's been 7 years and enough time has passed for thier grieving process. I have been told that if my mothers interest is valid then her interest in it would go to her 3 children. Is that true?

Asked on 8/29/07, 7:11 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Failure to Probate a will

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.

A will is supposed to be submitted within 10 days to the court after the death of the maker. In reality, this rarely happens but 7 years is certainly an unacceptable period of time and a court would have a real problem with this. The will must be probated in the county in which the decedent was domiciled (or lived).

If your aunt refuses to cooperate, you and your siblings should retain an attorney to force her to file the probate or to file it on your own. Your attorney can argue that despite your aunt being named as the Personal Representative, she is obviously unqualified based on her refusal to file the case and seek to have another person named as the Personal Representative. Good luck.

Scott R. Jay, Esq.

Answered on 9/11/07, 12:52 pm

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