Legal Question in Wills and Trusts in Florida

There is a will: after the deceised Apr. 2010: was 25% of the estate left to 4 children: One child did NOT sign the: waives the right to challange the validity of the will offered for probate: In Sept. 2011 a paper was signed in agreement for other reasons not stated: it read: Notice Regarding Claim By Attorney For Personal Representative:Stating a loan was to be paid to the Representative, the representative was a creditor to collect funds on a loan due now: also: to get the loan on the estate refinanced by the bank for each child: one child did the financing of the estate along with getting more the their 25% inheritance, so the loan would go through, the other children did not have the credit to do so: the loan is now done and the money to repay the representative is in the bank: now the representative is coming up with ideals to remain with the more percentage at 40% of the company,because they had to get the loan: the attorney turned his head on this to allow it: also, there was a mistake on the note of repayment to the representative: not naming one child of how much was to be repaid with a different name other than the one to be owed: this new document was filed on Sept. 2011. Can this one child or the other children go to the probate judge and explain: they would not have given up any of there 25%, not one of them: it was only because of there credit scores they were told also: if this was the case they would have sold things a whole lot different: the whole package would have brought more money: can the representative be sued : for the decietfulness and the lies and can the judge step in right now to stop this and how do you go about this: remember the death occured Apr.2010 : one does not sign the: waives the right to challenge :Did signing the new paper, personal representative, replace the will for waives the right to challenge the validity of the will offered for probate or not? Can the

will, still be challenged, the original will still be challenged? Can the representative lie to gain a more

% of the company and estate, that was not the intent or the will? Can the representative be stopped?

Can the representative have the Executor job taken away from if all the other children know they are

lying and changing their story to gain controlling interest of the estate? Can you help? Thank you. Sincerely, JD


Asked on 6/26/11, 2:51 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Because your inquiry is somewhat confusing, the factual situation is not clear enough to express specific advice. For example, it is mentioned that certain documents were executed or signed in Sept. 2011; today is June 26, 2011. Realize that any interested person such as a beneficiary of the estate can object or file a motion or disclaimer in the probate court to explain the issue to the court. You or such interested person may be best served by discussing legal options with an experienced probate attorney before the administration of the estate is completed.

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Answered on 6/26/11, 3:58 pm


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