Legal Question in Wills and Trusts in Florida
I wrote before of my brother and I, being half and half. My daughter not being mentioned and all of it going to my brother. I read the will it is specific that it ends with me and goes to my brother. I looked for the per stireps thing..smiles. However.. Everyone who responded said, ask your dad.
Well, my dad is dead. My brother also convinced my dad to change the will to reduce what I was to recieve extra for quitting my teaching position and to care for them for over a year. My brother took everything tangible and now is renting my parents home and not giving me any of the proceeds. It is complicated and I am seeking an attorney. It is documented my father had dementia. I also have documentation of the thousands he got by conning my father prior to his death.
He is also unemployed and lives of pain meds. He wants it all. I am educated,
employed and live in Alaska but need a lawyer in Fla. I would not put it past him to want to see me "gone" and Im nervous about visiting FL...so he could get it all.
He is not mentally sound. Nothing has went to probate and I wish to force the sale of the home before renters do damage. Thank you. (Glades County)
4 Answers from Attorneys
If you wish to litigate this matter, then you need to establish when your father was diagnosed with dementia and how advanced it was. If you prove that the will was undue influence, then the estate will be divided according to intestate laws (meaning no will). You stated there was no probate so I have to ask, where is the will? If the will is lost, destroyed - the estate can be opened under the intestate laws. contact Florida Referrals for the area your father lived in and get an attorney on board before there is nothing left.
The will must be filed in the court for probate in the county where your father lived in order to transfer title. You will then have an opportunity to contest the will, if you have grounds. I just have information and posts on probate and wills available on my website, http://www.floridawillmaker.com. Consult with an attorney as soon as possible for specific legal advice regarding your particular circumstances. Regards,
Since your dad has died you can contest the will but it sounds like you brother hasn't seen an attorney .The fact pattern is complex from your description. I have practiced law in glades county and it is a small county.If you want me to assist you send me an e-mail or call my office.
There are degrees of dementia. You will need strong medical records and favorable witnesses familiar with his lack of testamentary capacity.
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