Legal Question in Wills and Trusts in Florida

This has been in probate for over 2.5 years, The PR's books are wrong and I just found out the PR-family member turned in the wrong will.

Now what do I do?

I and three other adult children in our father's will was told by our father and read the new will our father had paid for, now he's passed the the PR, family member, and the PR's Attorney have not turned in the correct will and will not answer my question of how the attorney got the will.

Can we sue, if we all knew and read the new will and the PR, family member switched the will, can it go to jury and see if they believe us, because we read the new will and the PR knew about the new will but didn't want to file it and worked for her husband who was an attorney and make the old the official will and our father threw it out and made another.

So how do we sue them, in civil court or where, because we all know our father had another will and PR-family member, got rid of it. By their own words they are admitting it, because of their dementia, they can't remember anything now. I'm gonna see about helping them though. Can you help me because I don't know the Law, is this a small claims court or fraud case or who would I present this to, the attorney general, florida bar and should a Judge SEE THIS?

Instead of ending with Thanks a Million the next time, Maybe I can say: Showtime, because it's always something new.

Thanks a Million! CC


Asked on 7/15/12, 12:10 pm

2 Answers from Attorneys
Richard Kaplan

Easy answer. You need to hire your own attorney to contest what is going on. You could not do this yourself. Biggest concern is if you wait too long and you lose the right to contest or challenge it.

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Answered on 7/15/12, 12:14 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to hire an attorney. Do you have the original of the will you say was his last one? without the original you are going to have a hard time getting that one adminitered. If you were an heir you should have received notice of the administration and the will that was being probated. You had an obligation to come forward when you got that notice. Failure to do so may mean you waived those claims. You make some global and ultimate statements about what the PR has done. I would reserve those for your conversation with an attorney

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Answered on 7/15/12, 3:18 pm


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