Legal Question in Wills and Trusts in Florida

My mother has passed away and my father is suffering from advanced Alzheimers. My brother has been appointed as legal guardian since my father was unable to make decisions for himself, even though my father is only my brother's step-father. Before he fell ill, my parents had decided that I was to inherit over half the estate and be the executor. This was placed in a will. Since my father fell ill, my brother has gotten my mother to change a lot of things, including making him the executor and cutting down my portion significantly. My father's needs are well provided for as long as he continues to live, but the will also gave my brother's father - our mother's ex-husband - money and I know that did not exist before he entered the situation. Do I have any legal options here or is it too late since we've had the reading of the will? Something just seems really wrong. (We're in Sanford, FL.)

Asked on 4/03/13, 6:57 am

2 Answers from Attorneys

Ronald Jones Ronald A. Jones, PA

There may be something you can do; depending on the value of the estate and the exact facts, you may have an 'undue influence' claim; also, depending on the timeline, you may have a VERY short period of time to challenge this, possibly as little as 20 days; you definitely need to talk to a probate lawyer, and one who handles will challenges, as soon as possible.

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Answered on 4/03/13, 7:07 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Follw the advice from Mr Jones. You have a slim opportunity to potential do something and the sooner you contact a competent attorney the better.

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Answered on 4/03/13, 7:14 am

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