Florida  |  Wills and Trusts

Legal Question

Asked on: 6/18/11, 3:18 pm

My stepfather, of 40 years, died 5/19/11 and my mother died before him 8/18/06. The same administrator handling probate case recently filed for my stepfather, had possession of my mother & stepdad's last will and testament at the time my mom died and it was never read or filed. My mother told me who had possession of the will and that all 4 of us children were in it as beneficiaries when my parents drafted it together. The beneficiaries stated in a new last will & testament that was filed into probate for my stepfather have changed to include the administrator himself, the cleaning lady, a non-biological son who carried stepdad's last name only but had no contact with him from birth until age 40yrs old and 1 charity. Administrator is now telling us stepchildren that my mother died without a will, he has no will for her and we were not named in the current will on file in probate. I live in CA and parents were in FL, which makes it even harder to get forms to file quickly. The administrator also waited until 6/1/11 to file the will into probate and did not send notice or contact any of us stepchildren regarding dad's death or probate filing. A stranger who read an obituary online which included our names, called my oldest brother to give condolences... that is how we found out dad died. What is the best direction to take on this? File probate now for my mother as intestate? Contest the current validity of stepdad's will? Just file a caveat?

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