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What a Mess

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synchrocoach

Junior Member
What is the name of your state? Floridaundefined

Ok here is one for everyone. My father remarried seventeen years ago. Fifteen years ago he moved with his wife and her two children to the United States and became a citizen. My brother and I are Canadian. From the time he married his contact with his family became less and less, starting with my brother and myself and moving outward to his sister and finally with his lack of appearance at his father's funeral (please note he was first in line to get his share of the inheritance which he reminded everyone was rightfully his as the son). September 9th 2001 he suffered a debilitating stroke. Losing his ability to speak, walk read write etc. Myself and his sister promptly planned a trip to Florida as he was not expected to live but were unable to travel due to 9-11. While recovering I spent hours on the phone to the hospital helping him to remeber and helping him practice speaking again. Just prior to his being released into the care of my step mother she complained about the time needed to care for him as he could not be left alone, still had mobility and memory issues, and her wish to institutionalize him. I argued with her about it and advised he if that was the case I would come to Florida and return him to Canada where I could care for him. This was December 2001, not surprisingly I did not hear from them for almost a year afterwards despite many phone call attempts and emails. During this time he would call my Aunt occasionally very confused and complaining that he couldn't remember things and that he had to rely completely on what my step mother told him. Over the past 2 years we did again have some contact but it was almost always filtered through my step mother, all emails went to her address and any phone calls were always met with her voice in the background. Though my father did recover so well in many ways, it was often like talking to someone who was inhebriated and he felt dependant on her. She definitely made all major choices in their lives. I talked to my father May 29th of 2005 and had the best conversation we had had in years. I received a phone call from my step mother the night of May 31 telling me he had died that morning. I received a copy of his will through my step sister June 20th. Leaving everything to her. The wording is thus that he states he intentionally does not provide for my brother and myself. Here is my problem. The will is dated March 2002. In December of 2001 he still need help going to the bathroom and had trouble stringing the words together to complete a full sentence. Secondly, he knows enough to disinherit myself but didn't know my name. I am misnamed in the will. I had been married for seven years at that point and he knew my name before the stroke. I at first thought it was a typo but the spelling errors aren't even close on the keyboard. The whole thing is rather disturbing. The information for my father's death certificate was given by my step mother and my grand mother's name is incorrect. Here in Canada I would have many avenues to question the estate however I find the Florida and Federal statutes in The United States rather confusing. If anyone could shed some light on this matter it would be truely appreciated.
 


lwpat

Senior Member
You will need a Florida attorney if you desire to contest the will. Unless your father had a sizeable estate it may not be worth the trouble since if the will is thrown out his estate will be divided according to state law. You can expect to spend anywhere between 10,000 and 20,000 on legal fees depending on the circumstances and how far you have to take it.

The attorney will want a retainer up front and that usually is between 1500 and 2500 dollars.
 

BlondiePB

Senior Member
lwpat said:
You will need a Florida attorney if you desire to contest the will. Unless your father had a sizeable estate it may not be worth the trouble since if the will is thrown out his estate will be divided according to state law. You can expect to spend anywhere between 10,000 and 20,000 on legal fees depending on the circumstances and how far you have to take it.

The attorney will want a retainer up front and that usually is between 1500 and 2500 dollars.
I agree except for the amount of the retainer which will more likely be a minimum of $2,500.00, but probably higher.

Intestate estates in FL the first $60,000.00 goes to the surviving spouse and then half of the remaining estate when there are surviving children.
 

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