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do i have a right to contest this will?

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my_gypsygirl

Junior Member
What is the name of your state? Florida

My Father passed away in Aug of this year. In his will, he left his estate to his girlfriend of 30 yrs. then his will goes on to say that at the time of her death, the remaining estate will go to his daughters (my sister and I) Wich i now know means nothing, (bad lawyer, bad will)

Ok, i have no problem with this, they never married because she was an airforce widow, but she loved us as the daughters she couldnt have, and we welcomed her dearly into our family.

My Dads estate only ended up only being his SUV, because the house and bank accts, were also in her name. so they were hers anyway.

My Dads girlfriend Ginny, has been in a nursing home for the past five years, with late stages dementia, from Parkinsons disease, and under hospice care for 2 yrs. My father had power of attourney, so we quickly got an emergency guardian, for her so that we could take care of her medical bills. My sister and i are listed as next of kin on the nursing home papers, but because we arent really her daughters, We have no rights in the decision making here.

Thankfully Ginny has passed away this week, I say thankfully because she has basically been a vedgetable for the past 2 yrs, and I know the lively, vibrant, loving woman would not have wanted to live like this.

My Dads will is still in probate, because Ginny was listed as the PR on his estate, so we have been going through the long process of hiring drs, to prove her incompetant. That was suppose to happen this week, but i guess because Ginny passed away, my aunt is now the PR of my dads will.

Ginny's Will was written on the same day at the same time by the same lawyer, and same witnesses,as my fathers will. and in it , her estate is only left to my father. nothing stated as to what would happen if he died before her.

I have been told that the state of florida has a chain of Geneology, and we arent her daughters, so Her estate would never come to us. Ginny told us over the years that we are her only family, her parents were dead, and she had no siblings. We have also been told that if there really were no relative heirs in her family, that the next step in the chain would be the family of her deceased husband from 35 yrs ago. and if they arent able to be found, then it would go to the state of Florida.

Do i have a right to contest Ginny's will?
 


What is the name of your state? Florida

My Father passed away in Aug of this year. In his will, he left his estate to his girlfriend of 30 yrs. then his will goes on to say that at the time of her death, the remaining estate will go to his daughters (my sister and I) Wich i now know means nothing, (bad lawyer, bad will)

Ok, i have no problem with this, they never married because she was an airforce widow, but she loved us as the daughters she couldnt have, and we welcomed her dearly into our family.

My Dads estate only ended up only being his SUV, because the house and bank accts, were also in her name. so they were hers anyway.

My Dads girlfriend Ginny, has been in a nursing home for the past five years, with late stages dementia, from Parkinsons disease, and under hospice care for 2 yrs. My father had power of attourney, so we quickly got an emergency guardian, for her so that we could take care of her medical bills. My sister and i are listed as next of kin on the nursing home papers, but because we arent really her daughters, We have no rights in the decision making here.

Thankfully Ginny has passed away this week, I say thankfully because she has basically been a vedgetable for the past 2 yrs, and I know the lively, vibrant, loving woman would not have wanted to live like this.

My Dads will is still in probate, because Ginny was listed as the PR on his estate, so we have been going through the long process of hiring drs, to prove her incompetant. That was suppose to happen this week, but i guess because Ginny passed away, my aunt is now the PR of my dads will.

Ginny's Will was written on the same day at the same time by the same lawyer, and same witnesses,as my fathers will. and in it , her estate is only left to my father. nothing stated as to what would happen if he died before her.

I have been told that the state of florida has a chain of Geneology, and we arent her daughters, so Her estate would never come to us. Ginny told us over the years that we are her only family, her parents were dead, and she had no siblings. We have also been told that if there really were no relative heirs in her family, that the next step in the chain would be the family of her deceased husband from 35 yrs ago. and if they arent able to be found, then it would go to the state of Florida.

Do i have a right to contest Ginny's will?

You can contest the will, of course. Whether or not you will win? Unless either undue influence or incompetence are your grounds for contesting, then your chances are somewhere between zero and none. As far as the bequests in your father's will are concerned, if all assets were left to the wife, then those assets will be dispersed according to her will.
 

BelizeBreeze

Senior Member
I have been told that the state of florida has a chain of Geneology, and we arent her daughters, so Her estate would never come to us.
what idiot told you this?
Ginny told us over the years that we are her only family, her parents were dead, and she had no siblings. We have also been told that if there really were no relative heirs in her family, that the next step in the chain would be the family of her deceased husband from 35 yrs ago. and if they arent able to be found, then it would go to the state of Florida.

Do i have a right to contest Ginny's will?
Ginny had a little to many drugs in her system.

THE CORRECT ANSWER would be titled pre-deceased heir. That occurs when the heir dies before the person making the will. This DOES NOT invalidate the will. What it does is create a chain of succession that the law looks at for division of assets provided for in the will.

In your example, because your father is deceased, his elective share passes to his heirs which would be you and sis. If aunt doesn't understand this, then you need to ask her (if the estate is large enough) to seek the advice of a probate attorney.
 

my_gypsygirl

Junior Member
what idiot told you this?


Ginny had a little to many drugs in her system.

THE CORRECT ANSWER would be titled pre-deceased heir. That occurs when the heir dies before the person making the will. This DOES NOT invalidate the will. What it does is create a chain of succession that the law looks at for division of assets provided for in the will.

In your example, because your father is deceased, his elective share passes to his heirs which would be you and sis. If aunt doesn't understand this, then you need to ask her (if the estate is large enough) to seek the advice of a probate attorney.
Ok, this is what i am looking for, I dont think my aunt knew about this, and i hadnt heard it either, this is the first time either of us have gone through this. But we are both shaking our heads, not quite getting it. and not knowing what to ask. So if it would come to me and my sis automatically, do we need to contest or go into probate, if there is no one fighting on the other side?

We have an estate lawyer working on my dads estate, hes the one that told me about the chain of geneaology, but now that we have a guardian handling Ginnys affairs, and my Aunt handling my dads affairs, i dont talk to the lawyer, and my Aunt heard no, and isnt pushing for the right answer. this atleast gives me some info to let her know that we cant drop this.
Thank you.
 

BelizeBreeze

Senior Member
This is a mess.

You said everything other than the SUV was titled in Ginny's name. Is it ONLY in her name or in both their names?

Regardless, you need to both sit down with the probate attorney because if Ginny has a valid will that leaves everything to dad and has heirs, they could contest her will.

If not, then the wills control and it's a simple process of probating dad's will then Ginny's to transfer the assets back to dad or his heirs.
 

my_gypsygirl

Junior Member
This is a mess.

You said everything other than the SUV was titled in Ginny's name. Is it ONLY in her name or in both their names?

Regardless, you need to both sit down with the probate attorney because if Ginny has a valid will that leaves everything to dad and has heirs, they could contest her will.

If not, then the wills control and it's a simple process of probating dad's will then Ginny's to transfer the assets back to dad or his heirs.
everything other than the SUV were in both my dads and ginnys names. i am going to call my aunt, and set up an appt for us both to see the probate lawyer.
Thankyou. again, your awesome :)
 

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