Legal Question in Wills and Trusts in Florida

heir need to give up his share of inheritance
My mentally handicapped brother, myself and two other siblings have be notified that we are heirs to 1/3 of my uncles estate since he had no spouse or kids so we get my dad's share who is deceased. (my dad was the deceased brother) The other 2/3 go to his brother and sister who are also both pititioning the court for executorship of the will. At first we were told that there was no will. Now we received a notice of executorship stating that there is a will. We have 3 months if we want to challenge the validity of it. We have not received a copy of it. We were also notified that we have 20 days to serve the attorney and court with written defenses. What are written defenses?
The brother and sister have not specifically listed all assets. Her home was not given a value, but listed as ''homested''. The brother is now living in it. The household goods were greatly under valued. What should I do about this? I understand that since my handicapped brother receives and SSI check he cannot own property and still receive an SSI. Can his share be transferred to his siblinings? How would I do that if the law allows it? Also, does the attorney whom my uncle and aunt hired work for all the heirs and how is he paid?

Asked on 8/04/08, 2:39 pm

David Slater David P. Slater, Esq.

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Re: heir need to give up his share of inheritance

You should retain yourown attorney to protect your interests

Answered on 8/04/08, 3:12 pm

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