Legal Question in Wills and Trusts in Florida

I have the evidence my father's third wife submitted an incomplete will, removing his codicil on which she signed a waiver of spousal rights to his 50% tenancy in common share of real property. She also failed to submit his seperate writing for his distribution of tangible personal property. Also, she has taken possession of insurance documents that are non estate related of which she is not the beneficiary, and has not given them to their rightful owners. Her probate lawyer claims all of these documents do not exist, per her word. Due to a disabled vulnerable adult heirs current domicile at my father's estate who has been harassed and in danger of thier well being should legal action be taken against the personal representative in court at this time, I have only corresponded with thier attorney demanding production of the documents, to no avail, as the attorney claims all known and personally seen documents do not exist. Within two days, the disabled vulnerable adult will no longer domicile at our father's estate, yet, because of the delay to find adequate housing, the statue of limitations to contest the will have expired. The inventory of the estate's assets are due to be filed in two weeks, and I have been informed by the lawyer in regards to it, and know, it will not be accurate, due to what the personal representative has claimed exists to be probatable. I intend to challenge it, with evidence that it is inaccurate. Would proving the inventory has been falsified as to the total probatable assets be grounds enough to show neglect of fiduciary duty and have the personal representative removed? There will be several things not reported in the inventory, including firearms, and very possibly one thing that is not probatable at all, in an attempt to lay claim to a property that is titled "joint tenancy with full rights of survivorship" which is not titled with the personal representative. Suggestions on other courses of action that may be initiated to remove the personal representative or revoke probate would be most appreciated.

Asked on 2/23/24, 7:51 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Your question involves a lot of "unknown" or "does not exist". I would suggest that you immediately get in touch with an attorney to represent you before all is lost. Once items are gone you can not get them back. If you can not afford an attorney, please locate the Legal Aid dept in y our county . If you are in Duval County, contact the Jacksonville Area Legal Aid and they can assist you. Time is of the essence.

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Answered on 2/26/24, 7:30 am

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