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Father Died In 2002, Left No Will

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  • 05-30-2008, 10:46 AM
    dexter
    Father Died In 2002, Left No Will
    My question involves estate proceedings in the state of: Florida:mad:
    Hello, my father passed away in 2002 and he left no will. My step
    mother asked me not to go to probate and take a part of her estate
    because she had no place to live, I told her I would never do this.
    My step mother died a few months ago and left a will. She has 3 children
    of her own, she left me a small amount of money but did not leave me a
    portion of her estate. Is there anything I can do ? She lived in Fla.
    Thank you
  • 06-01-2008, 06:48 AM
    Mr. Knowitall
    Re: Father Died In 2002, Left No Will
    Your father's estate consisted of what?

    Why haven't you hired a lawyer to (belatedly) probate his estate?
  • 06-01-2008, 11:48 AM
    dexter
    Re: Father Died In 2002, Left No Will
    My father's estate was jointly owned with my step mother. I didn't know if there was anything I could do since their condo was jointly owned.
    I just got a copy of here will and it didn't mention me in it. although she lied to me and said when she made her will out that I would be included because
    I didn't take a part of her and my dads condo. I called my step brother and sister and tried to talk to them but they said there is nothing I can do legally.
    It hurts me to know they benfit from my dads death. I told them this is not morally right but they refused to make this right.
    Thank you
  • 06-01-2008, 12:32 PM
    aaron
    Re: Father Died In 2002, Left No Will
    If the condo was a joint tenancy with a right of survivorship, your stepmother would have obtained full title even without its going through probate. But if you don't know what happened, we're all guessing.
  • 06-02-2008, 01:57 PM
    dexter
    Re: Father Died In 2002, Left No Will
    My step mother put the condo in her name after my father died.
    I do have a letter she sent to me dated Nov 2002, that states
    if anything is left at time time of her death it will go her kids and me.
    She made her will of Jan 2003.
  • 06-02-2008, 04:30 PM
    aaron
    Re: Father Died In 2002, Left No Will
    She put it in her name, because she had a joint tenancy with a right of survivorship? If so, that's what one would expect.
  • 06-03-2008, 05:01 AM
    dexter
    Re: Father Died In 2002, Left No Will
    I understand this. I talked with my lawyer and he said the letter she
    send it to me was a valid to contest the will.
  • 06-03-2008, 05:17 AM
    Mr. Knowitall
    Re: Father Died In 2002, Left No Will
    Quote:

    Quoting dexter
    View Post
    I talked with my lawyer and he said the letter she send it to me was a valid to contest the will.

    That's gibberish. But no, a letter is not a will contest. A will contest occurs in court.
  • 06-03-2008, 11:18 AM
    lwpat
    Re: Father Died In 2002, Left No Will
    The lawyer is blowing smoke at you. The letter has no legal effect. If your father's estate was never probated, you may be able to open it now but that is a long shot and will probably cost you between 5,000 and 10,000 in legal fees. You can check with the probate court and the registrar of deeds to see what actually happened and then make a decision based on some facts.
  • 06-03-2008, 01:32 PM
    dexter
    Re: Father Died In 2002, Left No Will
    Thank you for all your help, I am going to contest the will it will
    be worth the money even if I lose.
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