What should I do when a beneficiary refuse to sign consent for will to be admitted into court?: Hello! My husband passed away Almost two years ago and he list his estranged niece as one of the beneficiaries. His niece is the only one that Refuse to signed the consent for the will to be admitted into court because she stated that me, the wife had influence her uncle not to leave her anything . My husband and his niece have been estranged years before I met my husband and they have not spoken for years. What can I do in this matter? Thank you
Adrian’s answer: File the Petition for Administration with the court and serve it on her via formal notice which will force her to object, consent or take no action within 20 days. Presuming she takes no action, you can proceed without her consent. This process is quite specific so retention of a probate lawyer is mandatory.
Florida probate with person assuming rule as nephew and stole from my father with dementia. :
Question:
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Hello, My father passed in Florida with dementia. We were estranged but still in contact with my sister being sole heirs. A person assumed role as nephew, there is no legal nephew. Had my father cremated and stole everything he owned. My father wished to be buried in a national cemetery and I promised him id do that. The person stole the will along with his vehicles, guns, money, and assumed his credit, he also still enters the home. My father lived in Florida I live in pa. My dad sat on a shelf for 10 months in a bag. What can I do?
Adrian’s answer:
Generally, there are certain categories of evidence that I look for in order to prove undue influence and then the case develops and follows the facts that are discovered. Undue influence has been defined by Florida courts as conduct amounting to over-persuasion duress, force, coercion, or artful or fraudulent contrivances to such a degree that the free agency and will power of the testator is destroyed. This "nephew" and his conduct needs to be analyzed to see whether undue influence existed.
The criteria to consider when determining whether the beneficiary of a will actively procured the will include (1) the beneficiary’s presence at the execution of the will, (2) the beneficiary’s presence when the testator expresses a desire to make a will, (3) the beneficiary’s recommendation of an attorney to draw the will, (4) the beneficiary’s knowledge of the contents of the will prior to execution, (5) the beneficiary’s instructions to the attorney on the preparation of the will, (6) whether the beneficiary secured the witnesses to the will, and (7) whether the beneficiary has possession of the will subsequent to execution.
One of the first things I examine in a potential case is the susceptibility of a person to undue influence. For example, age and physical limitations or disability are always relevant to the issue of whether a person was subject to being unduly influenced. Often old age is coupled with the person’s inability to handle their own business affairs (i.e. having someone else write checks for them). I also look into the physical and mental status of the subject person at or around the time of the execution of the will or trust at issue. Given your father had dementia it is important to determine when he was first diagnosed and how severe it was.
The relationship between the undue influencer and the susceptible person is also a practical method of proving, by circumstantial evidence, the opportunity or disposition to commit undue influence. For example, a confidential relationship between the two persons, coupled with a will or trust executed during the time of the relationship, will usually be sufficient to raise a presumption of undue influence. A confidential relationship is defined in Florida as a relationship “where there is a relation of trust and confidence between persons; that is, where confidence is reposed by one party and trust accepted by the other. It encompasses informal relationships based upon trust or confidence that one person places in another.”
Does a will need to be probated after fourteen years, and one of the heirs passed away without a will: The heir was one of three who inherited from their mothers will. ,but did not make a will himself. Trying to to get unclaimed money from his bank account .
Adrian’s answer:
Probate is required if a person dies in Florida with or without a last will and testament, and owned assets that are titled in a manner that does not automatically pass to a beneficiary. How long a person dies may determine what type of probate is required. The death of an heir without a Will, would cause that person's share to go to his or her intestate heirs.
Please call Adrian Thomas at 954-764-7273, if you have any questions.
Thank you for your recent email inquiry. My response above is a general comment on your question and please be advised there may be statutes of limitations that you must comply with in order to enforce your legal rights, prosecute any potential action you have, or you believe you have, against any individual or entity. Since I do not represent you, I cannot provide you with any dates of any potential statutes of limitations. If you are interested in pursuing your rights, if any, this letter shall serve as your instruction to retain an attorney to investigate whether any statutes of limitations exist and how to comply with same.