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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 39397
Experience:  Texas lawyer for 30 years in Estate law
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My step father passed & issus with estate

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My "adopted" step father passed recently and there are issues with a new will that got presented upon death by the young girl who took care of him in end days is claiming to be his personal rep. I was his rep prior to this and he left all his possessions/finances to me until January 2012. To date the Petition for Administration, Testate, has been filed and I want to intervene and present the previous will as the signatures appear to not match. Any help? This is in the state of Florida.

Thanks for your question and good evening.My sympathy here for your loss and dilemma.

You may file a will contest and seek to keep the will from being admitted.There are three areas here that Florida law allows for you to challenge.If there are problesm with the will itself you can argue that it does not mee t requirements.

The next area is a lack of testamentary capacity.If the deceased was senile or suffers from other issues such as dementia, etc they may not have had the ability here to sign a new will and understand what they were doing.

The final area is undue influence.If this person exerted influece such that it caused the testator to sign this will and not have the intent to do so.

You are going to need a local lawyer if you want to contest the will in one or more of these areas.You need to do this asap so that you can keep the will from ebing admitted and preserve the assets as well.

Here is a good video about this subject that may help you understand the process.

http://www.youtube.com/watch?v=agJI6IESACs

More on the requirements under Florida law..

http://www.shestokas.com/general-law/requirements-for-a-valid-last-will-and-testament-in-florida/

You can locate a probate lawyer here through the Florida Bar..

https://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/EC2322E512B83D1E85256B2F006CC812?OpenDocument


It has been my pleasure to assist you tonight.Please let me know if you have follow up.Thanks again.

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.



This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

One more reference for you about will contests and the grounds her in Florida.I wish you good luck here with your challenge.

http://www.clarkskatoff.com/practice-areas/probate/will-contests/
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