Claimed Lawyer ProfileQ&A
- Estate Planning
- Real Estate Law
- The Florida Bar  # 0054986
Websites & Blogs
- Neilson Law Florida Probate Law Firm
2 Questions Answered
- Q. We asked the probate judge to remove a personal representative from the estate of our family member who died intestate.
- A: You could file a Motion to Reconsider or appeal the ruling. You should obtain the advice of a probate attorney who can review the specific details of your case and advise you as to the best course of action. Jennifer Neilson NEILSON LAW, PA
- Q. Does an attorney retain a copy of a will they have prepared? Can this be provided to "any" family member after death?
- A: Florida law provides a will can be revoked by a subsequent inconsistent will. F.S. 732.505 In order for a will to be valid, the testator must have sound mind (or capacity). F.S. 732.501 If your grandmother had cognitive issues when she executed the 2016 will, it may not be valid. Additionally, a will may be contested if the testator received undue influence. Depending on your grandmother's niece's involvement with the 2016 will, the will may be challenged on this basis as well. As for initiating probate, a Personal Representative must be a Florida resident or a relative of the decedent. F.S. 733.304 A step-child would not be qualified, however you could retain an attorney to be appointed by the court. If you have been unable to locate the will(s) you can contact the county bar association to reach out to local attorneys who may have a copy of the will(s). Jennifer Neilson NEILSON LAW, PA
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