QUESTION
What happens with a non probated will?
Asked on Apr 16th, 2011 on Estate Planning - Florida
More details to this question:
Will was drawn up in 80's. Father died in 2008 with this will (codicil was added in his handwriting changing executor). In late 2007 he signed a paper gifting the house to one child. (not sure he was of sound mind and knew what he was doing). Then mother died late 2010 with a 3rd will leaving all house contents to same child. There was absolutely no mention of other child...all of this done with no knowledge to other child who thought all was as it was in the 1st will. Can child left out sue for part of fathers contents worth based on orginal will of his which was never probated?
2 ANSWERS
Theodore W. Robinson
If the Codicil was handwritten, it is likely unenforcible and would not be honored by a Court. I suggest you speak to an estate attorney as soon as possible to see if you have any additional rights to seek some part of our father's estate and your mother's estate, since her estate may well be contingent upon your father's estate. This is especially so in light of the fact that there may have been undue pressure put upon either or both of them.
Answered on Apr 26th, 2011 at 8:41 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
If there are no assets subject to probate, it doesn't matter what the will states. You are suppose to file a wlll with the court within 10 days of death, but there is no penalty unless someone complains.
Answered on Apr 18th, 2011 at 11:52 AM