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B

BHHORN

Guest
What is the name of your state? Florida Florida


Hi I need some help. I just got a letter from an Probate Attorney.

It seems like my sister has got her a Attorney, she has told me that I will not get any thing of our late Mother, our father has been passed away for a few years now, so there is only us 4 kids. My sister told me that I have to sign this paper and send it back to the Attorney, and if I don't I will lose any rights that I have.

But if I do sign it wont I lose my rights any way. My sister also told me that her Attorney told her that the will I have is no good because it was not signed by a notary. But I know it is, I live in Florida, and I asked this question before on here and I got great information, saying that in Florida that a will does not need to be signed by a notary in Florida.

Heres is what the letter says that I got today.
You are notified that a petition for summary administration (intestate) and petition to determine homestead status of real property has been filed in this court, a true copy of which accompanies this notice. You are required to serve written defenses on the undersigned within 20 days after service of this notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the above court either before service or immediately thereafter. Failure to sevrve and file written defenses as require may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.
The petitioner has an interest in the above estate as 1/4 share. After exercise of reasonable diligence, petitioner is unware of any unrevoked wills or codicils of decedent. the homestead property shall be distributed by separate order of this court. Wherefore petitioner requests that an order of summary administration be entered directing distribution of the assets in the estate in accordance with the schedule set forth in paragraph 8 of this petition. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. ( signed by my sister on 8/3/04). I dont understand any of this, guess I'm stupid. Any help would be great. Thank You
 


Dandy Don

Senior Member
What year did your father die and why have you waited so long to even consider submitting the will to probate court?

Do NOT sign this paper. It means that if you sign it, you would be giving permission to sister to get this entire estate distributed as soon as possible without the will.

You need to get a probate attorney as soon as you can, for the following reasons:

(1) to file a defense/answer to this petition and to get it stopped, so that the will can be probated, and MORE IMPORTANTLY:

(2) GET THE WILL PROBATED IN COURT!! If you are named as a beneficiary you will probably get more from the will than you would with an intestate estate.

DANDY DON IN OKLAHOMA ([email protected])
 

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