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Grandmother Died- Questions

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JOEYBELLO

Junior Member
(New york) My grandparents were retired in Florida for the past 3 years or so. So I don't know what state will be relevent?

Anyways. My grandmother died while I was in Maryland at college. I am guessing it was in January? I need to findout tomorrow. I just foundout this week that she has a will and it is not being probated. My grandfather and his lawyer who is his cousin have said some strange things that got me wondering. I don't know if there is a time limit on these things or what. But if they won't let me see the will can I force them to? Also can I contest it? My father and his sister are dead so my grandfather has no other descendants except me and my sister. They are claiming everything was left to him. But they also said her will was not being probated because it was invalid. Because everything she owned was in her husband's name as well. Why would they mention all this and nto just say that yes there was a will and it was all left to her husband. I asked them atleast a month ago if there was a will and they ignored me and it started a fight.

It seems like they are hiding something and they hate my mother and we were never close with them. But my grandmother said I was her favorite and she was always nice but her husband was always evil.
So-
1) is it too late to do anything?
2)Can i ask to see the will and force them to produce it?
3) if the will in face shows something left to me but her husband was joint owner - can I still try to fight it?
4) If I see the will and I am not in it at all, can I contest it?

My grandfather also mentioned last week that his wife had alot of things in her name that he wasn't aware of and he had to change that. So alot of this is fishy. Please help!
 


Farfalla

Member
Read both of these pages......

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/Sec102.HTM

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC103.HTM&Title=->2007->Ch0732->Section 103#0732.103

Her husband had 10 days to register the will after her death. If he did not than the will is not valid. I suggest you talk at an attorny and to probate court in the country she died in. It sounds like you are being fed a line by your grandfather...

he get $60,000 + 50% of the rest. You and your sister get the rest. Do keep in mind though that things hey owned jointly might pass directly to grandpa and not subject to the above. You do need an attorney.
 
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JOEYBELLO

Junior Member
As noted in your response in another thread, that is not the case.


But that is most certainly true.

How do joint things work? They are claiming everything is joint and now his? Do I still have the right to force them to probate the will? How much does that cost? And who pays for it? him or me?
 

nextwife

Senior Member
(New york) But they also said her will was not being probated because it was invalid. Because everything she owned was in her husband's name as well.


In a long term marriage, it is entirely possible that all or most assets are held jointly, and that no assets will be available to probate because they pass to the co-owner.

My parents had everything held that way. I never it unfair for my mom, the spouse, keep everything they had acquired together as a couple.
 

JOEYBELLO

Junior Member
Ok But two questions then.

1) does that mean I cannot get anything?

2) how do I know that is really the case? How do I know nothing was in her name? only by making the will come fowards correct? taking them to probate court if they wont show the will right?

WHy would they not show me the will if this was true?




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In a long term marriage, it is entirely possible that all or most assets are held jointly, and that no assets will be available to probate because they pass to the co-owner.

My parents had everything held that way. I never it unfair for my mom, the spouse, keep everything they had acquired together as a couple.
 

Dandy Don

Senior Member
They may have fradulently had another will created that decreased your inheritance or even left you out. If they won't open up probate, YOU do it (or get an attorney to) so that the judge can ask them to produce the will for court. At that time you can have the will evaluated to see if it looks genuine or perhaps was forced under duress and can then decide if you want to contest it or not.
 

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