Legal Question in Wills and Trusts in Florida

Second wife had stroke while Dad's will in probate

My father died on June 10, 2004. Second wife's daughter claimed to me & a lawyer they original of will. I had copy of same will. They didn't want to probate. I did with copy. It was being rented while waiting closing on 6-15(later buyer backed out) Dad moved into her house & established that as his legal address about 5 mos before death.

The will is old with my mom still on it. Now when lawyer asked for originial. They got a lawyer & claimed they know nothing about it. Daughters BOTH claim to have POA & attempted to take over property in Dad's name only.

Second wife just had a massive stroke. What happens now? By the way,my lawyer quit. He said it's going to be a fight. Searching for new one now. Meanwhile,father's house is falling into disrepair. I can't acess it,they changed the locks! But nobody got the keys.

How long does it take to be appointed P.R. as I an named in will? Who handles things for her? Or will everything be put on hold awiting her medical outcome?

I understand that her lawyer doesn't want contest will but wants life tenant, exempt property, family allowence. They were married less than 11 months and have no kids together. What can she really get? She lost health coverage when Dad died.Any help appreciated.


Asked on 7/17/04, 9:31 am

3 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Second wife had stroke while Dad's will in probate

Your questions are way to many and broad to answer on a forum like this. I would be glad to discuss your situation with you, but I would have to charge a consultation fee. It sounds like you will have to retain another attorney who can represent you in this contested matter.

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Answered on 7/17/04, 7:03 pm
Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

Re: Second wife had stroke while Dad's will in probate

I suggest retaining counsel as soon as possible. It sounds like there is a will contest situation so the court will require production of the original will. Feel free to give me a call at 941-954-4691 or drop me an email.

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Answered on 7/17/04, 7:42 pm
David Slater David P. Slater, Esq.

Re: Second wife had stroke while Dad's will in probate

You need legal counsel. The court can order production of the original will. There is no set time frame but all legal requirements for probate must be met before a judge will sign an order.

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Answered on 7/17/04, 10:33 am


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