Legal Question in Wills and Trusts in Florida
My sister passed away December 2008, In her will she left most of the estate that included house, money and other assets to her younger daughter. I was recently contacted by her oldest daughter, who is mentally challenged, seeking advice regarding the fact that she was left only 20% of the sale of a used automobile her mother owned. I do not believe the will was probated. My sister and younger daughter lived in Ft Myers Fl and the odder daughter lives in Wayne county MI.
Since so much time has passed does my niece have legal grounds for contesting the will? She dose not have money for an attorney.
Regards,
2 Answers from Attorneys
After reviewing your question I doubt the estate with ever formally opened because the oldest daughter should have received a notice administration of her mother's estate. At that point there are time limits to contest the validity of the estate or the qualifications of the personal representative. It seems obvious to me that if the two daughters were close the younger daughter could allocate a larger percentage of the estate to her older sister. That's where potentially you might have some involvement in talking to the younger daughter who is getting the bulk of the estate.If you would like my assistance in drafting an agreement among heirs e-mail me your phone number to discuss further.
The will must go to probate to contest it. It is time consuming, difficult and an expensive route to take.
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