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Filed a caveat in three counties four months ago, still waiting to hear

Tampa, FL |

My mother died in February, single with no other children. Someone passed along a copy of her will to me and I have reason to believe that undue influence from the executor was involved, so an attorney filed a caveat in the county she died in (NJ) and two in counties that the executor lives/lived in (FL.)

The executor did try to probate the will in FL, and claimed the caveat was baseless, but it stands. My attorney offered a settlement to the executor in March, and we have yet to hear back.

Should I be concerned that the will could have been probated in another county?
I don't know if the mortgages and taxes have been paid on my mother's property, can I find out and what can be done if they haven't?
I was not notified and I know the executor has stolen property, can I prosecute?

Attorney Answers 3


  1. It sounds as if you have already hired an attorney to handle your case. Please direct all of your questions to your attorney as none of the attorneys in this forum will be able to assist you. If you are unhappy with your current representation, it is your right to seek other counsel. Should you elect to do so, please be sure to tell the new attorney's office that you are currently represented by another attorney but you are seeking new counsel.

    Good luck.

    This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. www.ferraezlucas.com The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at adam@yourlawpro.com or call my office should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  2. You have hired a professional to ask these questions of. Second opinions probably will not be coming from this forum.


  3. You attorney should be able to answer those questions.

    If this answer was, in any way, helpful - please click a positive feedback below. This is a general discussion about legal questions and not a legal consultation. No attorney/client relationship exists. For a specific answer and advice on your specific legal matter, you should arrange a consultation with a practicing attorney.

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