Legal Question in Wills and Trusts in Florida
Recently my grandmother died and in her will she left the NY family business to my father and split in the will the Florida business between my father and my cousin who runs it. We just discovered while trying to finalize the will that the last time my grandmother was in Florida (she was 85) my cousin had her set up rights of survivorship on her Florida house and the business physical property. The end result is that after my father who was supposed to have the house now has no say with it since my cousin will get it after him. We also know that grandma never would have agreed to all the property going to my cousin if she realized what she was signing. Where it gets interesting is that the Lawyer did not witness the signing, my cousin's wife was the person who notarized the document, and the 2 witnesses were employees of my cousin (and it is very doubtful that they actually witnessed and were just told to sign later). Is there anything that can be done to void this? It would have taken place around 2005. My Father feels betrayed and is not in very good health.
2 Answers from Attorneys
Sounds like a will contest. Costly and difficult. The witnesses need to be interviewed.
In order to contest the transfers you need to hire an attorney. These are very costly and ugly types of lawsuits so be prepared.
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