Florida Probate questions

[JOEYBELLO]

What is the name of your state? Florida

Could someone tell me more about #15 on the website below. It mentions an elective share, family allowance and/or exempt property. My grandmother died and only my grandfather and myself and sister remain. He is not giving us anything and is not probating the will. So I am trying to see if we can get anything. See my other posts- but more importantly does 15 below apply to me at all in this case?> or would I be under 16 and get nothing?

http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument

 

[anteater]

Joey -

You are on the verge of having nobody responding to your posts.

1) You keep starting new threads for the same subject. And saying "See my other posts.." will get you nowhere. Do you really think that people volunteering their time to answer your questions are going to go searching for your other threads?

2) You also posted this in Probate and Personal Representatives forum. Double posting will get you excommunicated.
https://forum.freeadvice.com/showthread.php?t=416270

Now, stop it! Someone will respond. I promise.

By the way, the answer is "No."

 

[Farfalla]

What is the name of your state? Florida

Could someone tell me more about #15 on the website below. It mentions an elective share, family allowance and/or exempt property. My grandmother died and only my grandfather and myself and sister remain. He is not giving us anything and is not probating the will. So I am trying to see if we can get anything. See my other posts- but more importantly does 15 below apply to me at all in this case?> or would I be under 16 and get nothing?

http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?OpenDocument

Do you know if there is a will? Have you seen it?

 

[JOEYBELLO]

I was told by their cousin who is a lawyer there is a will. No I have not seen it. There is also another possibilty that the will was made in NY since they lived here for so long and never changed it when they moved. That would make it invalid right?

 

[seniorjudge]

Q: I was told by their cousin who is a lawyer there is a will. No I have not seen it. There is also another possibilty that the will was made in NY since they lived here for so long and never changed it when they moved. That would make it invalid right?

A: No.

 

[anteater]

Just as a recap:

1) Joey's grandmother passed away leaving grandfather as surviving spouse.
2) There was a will, but grandfather and attorney are not going to probate the will because, according to attorney, grandmother and grandfather owned everything jointly with right of survivorship.
3) Joey is suspicious and wants to see the will.
4) Grandfather & attorney have said, "Go away and stop bothering us."


Let's cut to the bottom line, Joey:

How much of your money are you willing to spend on the bet that grandmother and grandfather did not own everything jointly and grandmother's will includes you? (And, in the process, really tick off your grandfather.)

Because it will cost you money - maybe a good deal. And, for the bet to pay off, you need to have an awful lot of planets aligning just so.

 

[JOEYBELLO]

Well do to the fact that my grandmother and I got along much better than me and my grandfather and the fact that she handled their finaces and the fact that he said "she had alot of stuff I didn't know about and have to take care of that and all the other shadey stuff, and finally that he took my mother to court years ago and they never gave us a dime in all my life. I am willing to spend my money just if there is a 5% chance and a 99% chance of really ticking him off as you say! .

Just as a recap:

1) Joey's grandmother passed away leaving grandfather as surviving spouse.
2) There was a will, but grandfather and attorney are not going to probate the will because, according to attorney, grandmother and grandfather owned everything jointly with right of survivorship.
3) Joey is suspicious and wants to see the will.
4) Grandfather & attorney have said, "Go away and stop bothering us."


Let's cut to the bottom line, Joey:

How much of your money are you willing to spend on the bet that grandmother and grandfather did not own everything jointly and grandmother's will includes you? (And, in the process, really tick off your grandfather.)

Because it will cost you money - maybe a good deal. And, for the bet to pay off, you need to have an awful lot of planets aligning just so.

 

[JOEYBELLO]

My aunt is a paralegal and told me the will would not be valid, that when you move you have to make a new will in the new state. That's not true??

Q: I was told by their cousin who is a lawyer there is a will. No I have not seen it. There is also another possibilty that the will was made in NY since they lived here for so long and never changed it when they moved. That would make it invalid right?

A: No.

 

[JOEYBELLO]

We are talking about a guy with a history of doing crooked things, and manipulating the law. Problem is they have more money than me and more connections. So even if I get the will probated and investigate whether he did anything he shouldn't have.. they could make some calls or cover it up probably- I am hoping that he does not want to go throw the BS and overs me something to "just go away" as you said. But I feel having the will probated is the best thing regardless because if he wont show me it- he has no respect for me so why should I respect him.

 

[anteater]

My aunt is a paralegal and told me the will would not be valid, that when you move you have to make a new will in the new state. That's not true??

No, it is not true. Every state that I am aware of has a statutory provision such as Florida's:

732.502 Execution of wills.--
....
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

 

[ShyCat]

... and they never gave us a dime in all my life...

Feeling entitled to other people's money is an ugly thing.

 

[rowz]

WOWSER!!! what a maroon. I've follwed this buffoons postings....and it was hinted that he would not last long.

Dear wanna-be-mob-boy: Its likely that yer family had little legal income or properly titled assets so you should be going to their captains and inquire what pension-rights you may have had wit de organisation.
OR......
git a shovel and if they did have a basement or a yadd wit some land around it...start digging.

Oh...and yer aunt is a nitwit.

there were consequences to their illegal lifestyle and perhaps the old saying "suffer the sons for the sins of the father" may be appropriate here.

 

[JOEYBELLO]

You are the moron. Did I say I want to be like them? Point is there is several 100,000$ in assets. By law I should be able to get something, especially if I am mentioned in the will. But I don't care what you or other idiots here say. I would bet that 90% of the people here are not laywers and have no clue anyways. Like you.

 

[JOEYBELLO]

learn to spell buddy!

WOWSER!!! what a maroon. I've follwed this buffoons postings....and it was hinted that he would not last long.

Dear wanna-be-mob-boy: Its likely that yer family had little legal income or properly titled assets so you should be going to their captains and inquire what pension-rights you may have had wit de organisation.
OR......
git a shovel and if they did have a basement or a yadd wit some land around it...start digging.

Oh...and yer aunt is a nitwit.

there were consequences to their illegal lifestyle and perhaps the old saying "suffer the sons for the sins of the father" may be appropriate here.

 

[anteater]

Alright, Joey, now calm down. If you really are going to get yourself invovled in this, you are going to hear far worse. And outbursts like these are not going to win you any brownie points in court.

And, as you have been told a number of times, this is not the case:

By law I should be able to get something.....

By law, you are not entitled to anything.

....especially if I am mentioned in the will.

Only if there are assets that need to be distributed under the terms of the will. And depending upon the terms of the will.

Have a nice time in Florida. (Oh... I would stop depending on your aunt for legal advice. She was wrong at least once - badly wrong.)