Legal Question in Wills and Trusts in Florida

Stalled probate

My son's father passed 1 1/2 years ago in a small town in FL. He was single with 2 children. I was named as PR in his hand written will. When I initiated probate will was determined invalid as it only had 1 witness. 2nd mom was made co-PR. She lives in same county. I live in SC. I had most of the small estate processed according to the will, but she disagreed with all and eventually the atty quit. After each mom hired individual atty, probate stalled. I filed to remove both PR'S and have 3rd party be PR. Judge removed me and made her PR instead. She now hides assets, won't submit an inventory, solely removed items in safe deposit box that was in 2 peoples names. She submitted appraisal for items but theres no appraisers name just items listed with amounts. She didn't want to homestead property to the kids telling the judge she wanted to buy it. The judge is on the same hunting team as her father-in law in this sm township. I have submitted numerous court docs to get case moving and the judge keeps rejecting the pleas saying she is doing all she can right. Can the will be reevaluated based on the 1 witness signature and resubmitted after the fact?


Asked on 10/13/08, 9:49 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Stalled probate

No. A "will" with one signature is not valid.

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Answered on 10/18/08, 8:00 pm


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