Legal Question in Wills and Trusts in Florida
My parents died without a will. There are five siblings that stand to inherit the six properties that they left. Originally things were uncontested (we agreed to split thing five ways) but now one of the siblings had said they are going to contest. Do they have to file something with the courts in order to do this??
3 Answers from Attorneys
If there is already a probate opened then they can contest the distribution through the already open case. If there has been no probate opened then one will have to be done.
In order to probate a will in Florida the person opening the probate and the personal representative must be represented by an attorney. Usually this is the same person.
My office handles probate throughout the state and we would be willing to discuss the matter with you further. In any event, simply saying that they disagree with the distribution is not enough by itself. The court will eventually have to become involved in the dispute if the siblings can't work it out.
You need to have the estate administered. If the person did not have a will, the estate will be divided pursuant to Florida law. Start the process in the probate court in the county where the person lived. You (or the personal representative appointed by the court) will almost always require the assistance of an attorney in this process. I offer information on probate basics on my blog at http://floridawillmaker.com/florida-willmaker-blog/. Regards,
yes, the person contesting must file a a Petition to Consent with the court. Have you all file the probate yet, if not , you need to do so and have one of you appointed as the PR. If you are in this area, contact my office.
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