Legal Question in Wills and Trusts in Florida
How do I contest a will that is in probate and I was only notified yesterday October 15th.2009 & the will was only filed with the court system on the 14th. of October. I was informed by a registered letter yesterday October15th,2009 that I am to appear in court for what they are calling RE:Notice of Hearing to open the Estate of (my sisters name) How do I contest this will? The hearing iss set for
Tuesday Morning. Please let me know what steps I need to take to contest this will.
I was mentioned in the original will , now they are saying that the will has been lost or distroyed. Which I do not beleive. Thank you for your assistance. Michael
4 Answers from Attorneys
You need to contact an attorney in your area. If you want to preserve your rights you need to attend that hearing and assert your rights. The best way to do that is to hire an attorney. Good luck.
In order to contest the terms of a will, you really should have the assistance of an attorney that works in that area. However, I think you are getting all riled up for nothing. A lost or destroyed will can be probated, and there would be no reason to mention the fact that it was lost or destroyed unless that was the will that was being probated. It sounds as if they are trying to admit the will in which you are the beneficiary - which in turn you say you want to contest?
A probate matter is in effect a type of law suit. If you want to be protected, either learn the law, or hire someone who knows the law. If you do not do that now, your rights will be forever lost.
Read the Florida Probate Code. Attend the hearing and retain counsel.
You can obtain a copy of the will, if there is one, from the court and use the Florida Probate Code to guide you.
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