Legal Question in Wills and Trusts in Florida
My father died in May. His will had been changed in 2011. He had 4 daughters. In the will change, he left one daughter, who lived locally to him and did take care of a lot of his administrative medical needs, all his financial assets which we estimated was about $350,000-$450,000. In addition, he had a condo, which was the only thing that was divided amongst his four daughters.
The condo was just sold, the lawyer who my sister retained to handle this sale, told me that the fund will be sent within two weeks. Either she will distribute the funds or my sister will. I have put in a request for her to handle this transaction. I am nervous that my sister will take these funds also. I can't afford a lawyer. And anyway, this lawyers fees have been deducted from the condo sale. Don't I have a right to request she distribute this transaction?
The issue whether my father was cooerced into signing all his financials over to one sister is also up for questions. All these years my father kept saying his will was to be divided amongst his four daughters. He was of sound mind when the will was changed. However, nobody ever got a copy. It came as a big shock that my sister gets all his financial assets. Any insights as to what can be done? Also with little funds behind us.
2 Answers from Attorneys
You should get an inventory and distribution statement if the asset was sold by the Estate. The attorney representing the Estate should provide that to you. You have assets coming and can pay an attorney out of those assets, but you likely don't need to do that. Just write a letter and send it certified to the attorney asking for what you want. The undue influence issue is not worth pursuing on this Estate, based on value, at the current time. This all assumes the Estate is in Florida.
just as a follow up to Mr. Stein, you should also be able to receive a copy of the Will from this attorney as it is public record IF IN DEED he probated his estate. I certainly would contact the court to see if a probate was ever done.
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