• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2+ years in probate florida

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

masrabr

Junior Member
My grandma died about 2 years ago. 8 months or so before her death, she made a new will and invalidated her old one. My cousin was the only benficiary to the old one, and my father and his 3 sisters were the beneficiaries of the new one. Well, my cousin went the Monday after her death, and submitted only the old will. My aunt hired a lawyer and submitted the new one. Its now been over 2 years, and we have yet to hear from anyone on this. My aunt's lawyer won't return her calls, and they can't afford to hire a new one. What options are open for my father?
 


LeeHarveyBlotto

Senior Member
My grandma died about 2 years ago. 8 months or so before her death, she made a new will and invalidated her old one. My cousin was the only benficiary to the old one, and my father and his 3 sisters were the beneficiaries of the new one. Well, my cousin went the Monday after her death, and submitted only the old will. My aunt hired a lawyer and submitted the new one. Its now been over 2 years, and we have yet to hear from anyone on this. My aunt's lawyer won't return her calls, and they can't afford to hire a new one. What options are open for my father?
Your father could hire his own lawyer.
 

Dandy Don

Senior Member
Unless there are complications that you are not aware of, the newer will is likely to be the one that is going to be eventually accepted. Do you have any idea as to whether she had an attorney to help her draft the new will? I hope there is a clause in the new will that mentions she is intending to invalidate the old will.

Has your aunt been attending any of the court hearings about this? It's very odd that an attorney she hired is not willing to give her an update about the situation as to where it stands now.

Your father (or any of the other siblings) need to go in person to the county courthouse (or if he/she can not go in person, order a copy of all documents in the probate file by mail) to look at the probate file and see what the file shows about all activity that has occurred up until now, and then decide whether he wants to pursue the matter any further. The only way he will find out for sure if he or the other siblings are entitled to anything is at least to have their own probate lawyer look at the file.

You and your father's 2 other sisters should chip in to pay the attorney fee to at least review the probate file and get a consultation about whether or not they have a basis to proceed legally. It should not take more than a one hour's consultation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top