Legal Question in Wills and Trusts in New Hampshire

probate minors

If I ,as an interested party in a will (mother of heirs), concerning the distribution of assets,personal tangible property and such,want to ask the court why things are to be sold and not transferred?

the problem being,their is a provision that states no person, can oppose or try to invalidate the probate of this will or questions the proceedings of the executor, and any person who does this will, all this persons rights will be revoked,and excluded from any participation in the estate and shall cease to have any furhter rights.....Does this mean any questions to the court cannot be made? by anyone?. Even If I were to hire council? would they be able to question court on my and my childrens behalf. thank you so much for any help!!!


Asked on 3/29/09, 1:12 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: probate minors

DON'T LET THAT PART OF THE WILL SCARE YOU. HERE IS THE fLORIDA STATUTE WHICH SAYS SUCH A PROVISION IS INVALID:

The 2008 Florida Statutes

PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.517 Penalty clause for contest.--A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.

Read more
Answered on 3/29/09, 7:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Hampshire