Fla. Will Contents and Contesting
How does one find about the reading of a will and how may it be contested? I was wondering if I have any legal rights to contest a will that my father originally drafted or if I have any legal rights to any items owned by my Step-Mother?
There is no formal reading of a will. This is Hollywood hype. Wills are generally not filed for public review until a person dies. Then a Will is supposed to be filed for safe-keeping within ten days of the individual's death. It is then made a part of any probate file if formal probate proceedings are commenced.
A person contests a will when he is given notice that it is being filed for probate. You must timely file your objection with the court where the judge is being asked to accept it as the last will and testament of your father. However, not all wills are probated. If your father owned all of his property in joint names with your step-mother, then she would obtain legal title by survivorship and not through probate.
Even if your father's will was probated, if the estate is now closed and all property has been distributed, then you are probably too late. The contest of a Will must be filed before it is accepted by the court and admitted to probate and the estate is closed.
If your father owned a home in his name alone and the property is located in Florida, then you might have a claim against the homestead. If an individual owns a home in their name alone and resides there with a spouse and leaves a child, then the spouse gets a life estate in the property and when the spouse dies, the remainder goes to the surviving child or children.
If your father owned his home in joint names with your step-mother, then she would take title by survivorship and you would not have any claim unless she left it to you in her will.
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.
By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!
