QUESTION

What is the amount of time a will should be discussed and if there is no will when should all heirs be included in dividing up the property?

Asked on Sep 24th, 2012 on Wills and Probate - Florida
More details to this question:
My gram passed in 12/2007. My aunt was appointed the executor. She has had no contact with her only sibling (my father) in regards to a will or having property split up. She originally told him after my gram passed that she had added both his and her name to the house deed. We've recently found out that the house is for sale without his knowledge. We checked the public records of the country and she lied, the house was only placed in her name. There has been a family riff in 2010 that has given her the excuse of not wanting contact with my father, however can she totally leave him out? We need to know what his rights are and if he can stop the sale of the house since he should have interest in it. Also, is there a time limit to when he can pursue his interest in his mother's estate? Must she disclose all financial information? Over the past 5 years they have been spending money freely and we believe part of those funds should have been my father's inheritance.
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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Your father should seek  the advice of an experienced litigation attorney as soon as possible.  As a beneficiary of your grandmother's estate, he is entitled to full disclosure of all financial activities in the probate estate.  There are statutes of limitations that could affect his rights as a beneficiary.  The sooner your father consults with counsel the more likely he is to be able to preserve his interest in whatever assets remain in the estate, or to recover any assets that were not properly distributed to him.
Answered on Oct 01st, 2012 at 8:35 AM

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