Legal Question in Wills and Trusts in Florida

My father passed away in 2002 at that time I filed a caveat reguarding the supposed new will, which was compossed by the person whom think she got everything, I read his original will it stated everyhing to be divided amongst my 2 siblings and I, there was no wife/mother Can I still persue this matter


Asked on 7/27/11, 1:52 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

The answer depends upon what you filed and the status of the probate proceeding.

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Answered on 7/27/11, 1:58 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

YES but U need to gather information as 2 UR father's state of mind @ the time he executed his new Will. If he was pressured or coerced into signing the Will & it was not his free will & his own decision, then you need to hire an atty. & contest the new Will and present UR evidence as to Duress & Coercion. Gather evidence; money; & cooperation from UR siblings before U go to war.

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Answered on 7/27/11, 2:18 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

I missed the fact that U said: "My father passed away in 2002. AT THAT TIME I filed a caveat reguarding the supposed new will." If that is all U did and U received a "Notice of Administration" and did not timely file anything more, then U are likely out of time & court. [See: 733.212 Notice of administration; filing of objections.]

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Answered on 7/27/11, 2:26 pm


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