Legal Question in Wills and Trusts in Florida

What are rights, if any, of disinherited adult children in Florida? My mom wanted to update a will, make me and my brother executor, and 50/50 (between me and my brother) and remove my sister-in-law from being co-executor. I took her to an attorney and he did what she wanted. She told me to hold on to the will because she doesn't want my brother to get upset! Then I find out she told my brother and it was changed again! I had a fight with my mom and now my brother is in control (from afar doesn't live here), i think ill be disinherited. My mom is 90 and changed her phone # and will not speak to me. I only stopped talking to her for a few weeks and was never given the chance to apologize. My question is: because the will was changed so often in so little time, and she is 90 (she does show signs of dementia, but is competent), I went from being co-executor, 50/50 to I believe, being disinherited over one huge fight in 28 years, will I have any rights at all? Also, if im on the deed of her condo with my brother, can she remove that in her will?


Asked on 11/12/10, 11:04 pm

1 Answer from Attorneys
Richard Kaplan

If your mother is not incapacitated and intentionally disinherits an adult child, she can do so. The question is whether she is incapacitated. Or maybe, did someone use Undue Influence on her to have her change the Will.

If I was her attorney drafting up a Will with questions about her mental state, I would request an evaluation by a psycologist. Without one to back up her ability it does give you a better chance to later contest the Will in court. If there was Undue Influence, the attorney needs to take steps to deal with the situation.

If you are intending to contest the Will, you need to document everything she does that calls her abilities into question. Professional evaluations are best. Such tests include her knowledge of her family members, her ability to know her assets, and the like. Not an easy road, and it will be expensive.

To remove you from the deed requires another deed.

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Answered on 11/18/10, 5:13 am


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