First, I must say I am amazed that BB has fallen a bit short on your answer. I am generally impressed by the depth of his knowledge. I'm glad to see his is actually a human out there somewhere and not some computerized answering system
Merry Christmas BB.
Anyway, this is what I found in Florida statutes:
So, a few things you did not mention;
Did it give direction that is different given the possibility your aunt did return from her vacation?
Has the will been filed in probate court?
Is there an attorney for the estate and/or personal rep/executor?
Do you have your own attorney? The estates attorney does not represent your rights.
re; time of death.
I don't know the cause of your aunts death but the AP is often not standing right there watching the clock. A person could have died long before the AP actually pronounces time of death. They can't witness it (and pronounce it) until they see it.
Did it give direction that is different given the possibility your aunt did return from her vacation?
---no other different direction at all. she apparently wrote a will right before she went onto a trip with her boyfriend. i have to ASK, why would anyone do this before going on a non-dangerous trip?
Has the will been filed in probate court?
----no it has not been, that's why we had to ask my aunt's boyfriend's lawyer for WEEKS just to get the will.
Is there an attorney for the estate and/or personal rep/executor?
----my aunt's boyfriend
Do you have your own attorney?
----yes my dad does, but our attorney's competency is questionable in my opinion... my dad seems to like him.
Normally, I have no interest in laws or haven't really seen any court dramas on tv. Weird how sometimes things grab you out of your seat and pulls you toward into things that you never cared about before.
Truthfully, my aunt died, because she apparently tripped and fell at a Red Lobster restaurant when she went out to eat with her boyfriend and his sons. While she was being carried to the hospital, he began to sell every property that she owned and cared for. (sorry i forgot to mention that he had some kind of document that grants him power to share and own every property of hers until her time of death comes -- what is this document called?)
What really caught me was the timing of his actions. He KNEW that my aunt wasn't going to make it, so he took advantage of the document he signed with my aunt (paper that grants him her property as long as she lives) while she was being carried to the hospital AND while she was in her death bed. When I actually heard the news that my aunt passed away, we raced to the hospital and we saw her boyfriend and his sons crying. And after a min or so, they began to laugh and act as if nothing happened. This whole thing seemed planned out as if he already expected her to pass away so soon.
I've read some laws for wills... Someone can seriously fake one's will easily or take advantage of it. There are SO MANY holes for smart greedy people to take advantage of... ESPECIALLY if you're living with someone whether you're married or not. I don't know if her wills and every other documentation that her boyfriend's law showed us are real or not
because....
1) his law firm is known for morally wrong dirty tricks
2) both of the papers are signed by the same group of people (my aunt's boyfriends friends - even lawyer) at different period of time and date.
3) it took them weeks and weeks for them to show us the paper (time to prepare fake papers?) We asked for it at the hospital at the time of her death, yet he refused and lied to us. Also, by the time we went over to my aunt's house, almost every valuable thing is gone, even her WILL papers - i have NOT seen them and he would not show it to anyone before he contacted his expensive attorney firm.
Seriously, I don't care about money, because the money will go to my aunt's ex husband and his sons (personally i don't know them). I just want the truth and nothing, but the truth and seek justice in his morally wrong action stealing other people's money.
Sorry for the long post. Thank you so much for helping!