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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26934
Experience:  Began practicing law in 1992
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Dad (93) broke leg, had metal post put in, got pneumonia.

Customer Question

Dad (93) broke leg, had metal post put in, got pneumonia. My sister was there in Fl within 1 hour of him. Once the health insurance ran out he would have to go back home, or to a nursing home, or a hospice. My sister found out I could not come down to see him before he died. The next day he died (13th) . He was on IV and had a DNR and no incubate. The will is clear as can be, although all I have is an e-mail saying so, not a copy of the will. She wrote the will says we both get 1/2 his estate when he died.
The question is does she have the power to change what I get by way of using the bank accounts? What is an acceptable hourly charge for her time to tie up loose ends? How do I go about getting the copies of the will? How long does she have to execute the will?
She enjoys fighting, I do not. However, she has already started. My only ammunition is to disagree with her plans to sell the condo. If I pay half the condo fees and 1/2 the yearly tax, can she force the sale? Thank you, XXXXX XXXXX not sure if these are my only questions period. Can I ask more in the future, does it cost each time? Sincerely, XXXXX XXXXX PS can she read a letter I sent to Dad where I had written confidential all over it?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

No, she doesn't have the power to change what you get.

JD 1992 :

As far as her time the court varies quite a bit but usually $25-50 an hour or 5% of the money she has to go out and collect (not money in accounts, etc). Many times the wills say that the executor is to serve without pay.

JD 1992 :

When she files the will for probate you can hey a copy from the clerk of courts.If she doesn't file for probate then you can file for probate and have the court order her to produce the will.

JD 1992 :

She can ask the court for permission to sell the condo if you don't agree and then each of you can present your view.

JD 1992 :

Once you issue your positive rating you can come back and ask follow ups as long as they are reasonably related. I will let you know if it corsses the line.

JD 1992 :

When you issue your Positive Rating the question will no longer time out and you can come back to it at any time.

JD 1992 :

There is no law saying she can't read your dads mail just because it has "confidential" written on it.

Customer:

I would still like to know how long she has to execute the will??

JD 1992 :

Do you mean how long she has to file the will for probate? Executing a will is what you do when you draw one up.

JD 1992 :

If you are talking about filing the will for probate through the court there is no time limit. FL is different than some of the states which give 4 years. In FL you could file ot 20 years later if you wanted to.

JD 1992 :

I'm going to exit now to assist others. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

JD 1992 :

In addition, once you issue your Positive Rating the question will no longer time out and close and you can come back to it to ask any follow ups you think of later.

Customer:

I hae but one more question. I went to rate you as excellent service, and I will but I have another question.

Customer:

My sister now says there is no will. She is giving me the 100,000 out of the goodness of her heart. How can I find out if there is a will?

JD 1992 :

You would have to file for probate and subpoena her as a witness and question her on the stand. You can also check the courthouse records and see if one was filed before he died as well as talk to any lawyer he might have used.

JD 1992 :

If he didn't have a will (and wasn't married) then any estate assets are split equally between the children according to the laws of intestate succession.

Customer:

SInce I am in ME and she and Dad were/are in Fl, what can I do long distance?

JD 1992 :

The best thing to do is hire your lawyer there and have them take care of it. They can do the inquiry concerning the will, etc. You are going to have to hire one at some point anyway and they probably won't charge extra to do this work.

Customer:

I am on disability and do nto have the money for a lawyer.

JD 1992 :

You can call the clerk's office from your house as well as contact the various lawyers to see if they prepared a will but at some point you're probably going to have to make an appearance in court and will need a lawyer. You can call around and see if some will work on a payment plan or agree to be paid out of the estate. You can also contact Legal Aid and see if they can assist.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26934
Experience: Began practicing law in 1992
Dwayne B. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Mom is passed away. My sister and I shared DNA from her hence siblings.


Dad did not produce my sister. She and I have no DNA in common with Dad. Does that make her my step sister? or half sibling? My mom had Paula when my Dad met her. Sounds like stepsister to me.


hence she would not recieve any inheritance from Dad's estate. Correct?

Expert:  Dwayne B. replied 1 year ago.
If there is no DNA shared with your natural father but she did share DNA with your natural mother it makes her your half sister. If she was not the child of either your mother or your father than makes her your step sister.

If she is your step sister she does not receive any inheritance unless your Dad made a specific bequest in a will. If she did not share any DNA with your father then she does not take anything unless it was specifically left to her in a will.

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