What is the name of your state? Florida
In November I lost both my grandmother and my gradfather there were 2 heirs, my uncle and his wife then my father and my mother. I know that there was a will recorded because when I did a data bank search I found it and I am not able to view it online because probate is not finished. My father and my uncle decided to not go by the will and split everything 50/50. In September my father passed away while my grandparents estate was still in probate. There is a probate attorney involve however I question his ability as the house was almost lost due to the taxes not being paid. My issue is this....Mother has since become very difficult to work with she is not cooperating with the probate attorney. I have been told by my uncles wife that the attorney is stating that she (my mother) needs to produce a will giving her rights to the estate due to it still being in probate at the time of fathers death it can not be included in his will therefore she has no rights without a will and it would come to me. I do not feel that this is accurate and I am wondering if anyone can either confirm or deny this? Needless to say this has separated my family so this not a "friendly" or "civil" situation. My Uncle is also wanting to remove her as co-representative and appointment me. I don't want this to happen but can he really do this?
In November I lost both my grandmother and my gradfather there were 2 heirs, my uncle and his wife then my father and my mother. I know that there was a will recorded because when I did a data bank search I found it and I am not able to view it online because probate is not finished. My father and my uncle decided to not go by the will and split everything 50/50. In September my father passed away while my grandparents estate was still in probate. There is a probate attorney involve however I question his ability as the house was almost lost due to the taxes not being paid. My issue is this....Mother has since become very difficult to work with she is not cooperating with the probate attorney. I have been told by my uncles wife that the attorney is stating that she (my mother) needs to produce a will giving her rights to the estate due to it still being in probate at the time of fathers death it can not be included in his will therefore she has no rights without a will and it would come to me. I do not feel that this is accurate and I am wondering if anyone can either confirm or deny this? Needless to say this has separated my family so this not a "friendly" or "civil" situation. My Uncle is also wanting to remove her as co-representative and appointment me. I don't want this to happen but can he really do this?