Legal Question in Wills and Trusts in Florida
Two years prior to my mom's death and less than a year after her husbands death went to a lawyer to create her living will. When asked if they had owned anything all they had was this (by todays market) this worthless condo! In the will that was just drawn up my sister and I were her sole heirs.
I expressed that I would contact her husband's children, because they made it seem like they had been named and were in control of property, when after their dad passed said, they would never throw my mother out of her house and if need be use the proceeds to pay for her assisted living if it came to that! My lawyer arrogantly said your mother owns the property as the surviving spouse and you are her heirs and don't need to contact her deceased husband's children. He then drew up a quitclaim deed (that was news to me) figured we as her biological children were entitled. Currently not previously we found out that there was a Contract to Make Wills in 1985 that we were not privy to. The three step siblings are suing us. My lawyer at no charge twice responded to their lawyers a year apart and without consulting with my sister and I as if their was some impropriety on our part offering to avoid costly litigation and that we all live in different states, appraise the propery put up for sale and divide equally minus any expenses that we have incurred maintaining the condo all of this time. Look this was my mother's home and I do not want to loose it! We have plans to rent until I am able to move down there. In addition they are trying to claim undo influence by her children, us, and that her medical and mental state was an impedemant to judgement. Our lawyer and my mom's sister know that wasn't the case. I know we have to respond to avoid default judgement. We were totally innocent and followed our lawyers advice. Now what!
1. Do we have legal rights to ownership with the new will, despite this alleged and now viewed contract to make wills stating they would never change or exclude the others all to share equally
2. What do you think @ the behavior and position of our lawyer and should we find another or retain him? Since he was privy to my mom being of sound mind when he questioned her desires.
My sister and I are out of work for a long time our circumstances are dire. I'm the only one who has emotional attachment to my mom's home and mortgage is paid, maintainance is very low and I want this place for my future. Legal costs can kill us despite my mother's wishes to give us her estate.
Help,
Linda
2 Answers from Attorneys
Although the described facts appear somewhat incomplete and conflicting to provide legal advice, my suggestions are:
1. The last will signed by your mother should determine the distribution of her estate property, so long as she was of sound mental state at the time.
2. The meaning and content of the cited "Contract to Make Wills" is unclear and likely irrelevant to the distribution of property.
3. Your lawyer's effort to settle the dispute may have been in the best interest of all, since such family disputes involve much time and expense.
4. Discuss this matter and your legal options with a lawyer you trust and respect.
I believe I would ask for consultation with another probate attorney. It would appear that if your father died first - his assets would go to your mother. When your mother died - if she had a will, the assets would go as she directs. YOu would need both wills to have an attorney interpret this for you. If there was no Will, then your mother would have taken under the intestate laws which would have amounted to one-half to those surviving descendants of whom are not lineal descendants of the surviving spouse.
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