Legal Question in Wills and Trusts in Florida
My mom has lived in her mother's condominium for 8 years and her brother is the executive and didn't tell her she was on the will. How long is the statute of limitations if probate was done February 2011 in Florida?
2 Answers from Attorneys
Sorry. Your question doesn't make much sense.
I believe that you meant that your mother appointed her brother to be the Executor (PR) in her Will. If so, the phrase "and didn't tell her she was on the Will" doesn't make sense.
Once someone dies, the Statute of Limitations for creditors is 2 years. Beyond that, there is no other Statute of Limitation. There are some limitations of time to object to specific matters, but more detail is required.
You may want to arrange a consultation with a Probate Attorney to discuss this properly.
Are you saying that your mom lives in your grandmother's condo - and that your grandmother's brother was the executor. It would be a matter of fraud in the event your mother was entitled to things that were to be disbursed according to the will. I suggest you get a copy of the will since you stated the estate had been probated and look at the document and see exactly what grounds you may have. If you are located in my area, I will be glad to assist - you may contact my office for an appointment.