Does a will have to be probated?

[btb726]

My father passed away in April 2000. He originally had a will made in New York & named myself & 2 sisters as beneficiaries & to split the estate equally. My sister had the copy of the will as it was never filed with N.Y.
In 1996, my dad sold his house in Brooklyn & moved in with my sister in Staten Island. He lived there for approximately 1 year when he came down with colon cancer which was spreading. In 1997, my sister & her family moved to Florida taking my dad with them. Nobody ever told me of his sickness or his condition. My sister kept him away from the family and used her persuasion as DADDYS' LITTLE GIRL to turn him against me.
He eventually died in April 2000, in Florida. I have checked with the Brooklyn courts & there was no will filed here & I've contacted Floridas Circuit Court & was told no will was filed there either. Is my sister supposed to notify me of the reading of the will as she was named executrix? The only thing I received was an envelope from U.P.S. with some old pictures, my baptismal certificate & an envelope marked "INHERITANCE" with a check for $7500.00.
Her name was not on anything, she didn't even put her return address on the envelope. Is this legal? When I confronted her in writing about the will, she sent me an updated version, which was changed 2 months after my dad moved in with her & her family. "Undue Influence"????

She always pulled him around by a leash.
What can I do? Do I have any recourse, without going through too much expense as I just started a job for the City & am only making 19,000.00 1 yr.

Please HELP!!!!

 

[ALawyer]

It sounds as if he was a Florida resident at the time of his death.

If he did a new Will, it would usually (999 out of 1000 times) supercede (take the place of) the old Will.

The possibility of showing "undue influence" depends on the exact facts, but it is VERY hard to prove. A Florida lawyer would have to advise you on it. (And they are all tied up with the Election.)

If your sister wanted to "get it all" she might have had him sign over assets to her before his death, or place them in a Living Trust.

If he had major assets it may be worth a look see by a lawyer. If not, remember that she took on the burden of caring for him and quite likely deserves more than half -- maybe a lot more.

 

[advisor10]

Yes, A Will DOES Have To Be Probated!

11-15-2000

In order for everything to be done properly and legally, the will must be probated, but usually there is no absolute deadline as to when it must be done, since taking care of and cleaning up someone's financial affairs can take be done within 1 month or 3 years, depending on how complex the person's estate is.

The will is probated wherever the person died, so it was supposed to be probated at the county courthouse of the city where he died. If you don't already have your father's death certificate, please get it so you can find out what city he died in and ask the specific county courthouse (probate records section) there. However, if you have already done this, your sister may have decided (for her own personal reasons) not to have filed the will, which possibly could leave her open to a legal challenge by you if you decide to sue her.

Yes, she WAS supposed to notify you of the reading of the will if you were named as a beneficiary in that will. The fact that she did not notify you of that is also suspicious, which could be an indication that she may have distributed the assets improperly, but don't automatically jump to that conclusion. Ask her (or have your attorney ask her by phone or by mail) exactly where the will was probated at. If she doesn't tell you, then you need to consult with a Florida probate attorney to advise you what your options are. It might not be worth it financially to sue her, but you really need to take a look at the probate file to find out, because it will have all of the financial details in there, unless your father had a trust (with a bank) and that is not public information. You really do need to try to locate the probate file, because it will have lots of revealing information in it as to what property (financial, bank accounts, stocks, real estate and everything else) was accumulated and distributed.

Does the updated will copy she sent you have any signatures of witnesses or rubber stamps to show where it may have been filed, or is it just a blank document/rough draft? Does it show the name of any attorneys that were used in drafting the will, or not? A rough draft will not be very helpful except to show you his supposed intentions. Again, you need to ask her where the will was probated (what city/state). If you don't get any response from her, then contact any attorney's name that may be on the will.

Your message doesn't mention where you live, but I think you really need to speak with or consult with a FLORIDA estate/probate attorney, since they would be the most familiar with that state's regulations. Usually the first consultation (15 or 30 minutes) is free, and don't worry about the fee--you can usually negotiate an hourly rate or make special arrangements to pay the fee over monthly payments. If you don't know how to find an attorney using the special messages posted on this freeadvice.com website, use the Internet or let me know and I can try to find one for you.

Be sure to have copies of all the documentation you have to be able to show the attorney what you have. He/She would be in the best position to determine whether or not you have a good case.

If I were you, I might be happy just to have received the $7500 check with no further hassles (which is better than nothing), but I do understand your sincere desire to find out whether or not you were cheated out of anything more. It is your right to be able to ask questions of your sister, and if she was a responsible, nice person, she should have no objections to you wanting to get information that is rightfully yours.

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