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My Grandfather just passed away, and the Executor of the Will is not following his burial wishes. What can we do to contest it?

Fort Myers, FL |

My Aunt is the Executor of my Grandfather's estate and she is not following his Will, what can we do to stop her? I am sure that she will also try to not file his Will with the courts within ten days of his death, as there has been some lawsuits with my Grandfather's medical bills etc...

Attorney Answers 3


  1. So sorry to hear of your loss. Go and sit down with a probate attorney to discuss any possible remedies.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. mr deason is correct in that you need a lawyer to review the documents including the lawsuits and the will and other documents you refer to. its not critical to the handling of a probate matter that the will be filed within 10 days. but if you hire a lawyer and seek to remove your aunt its one piece of several evidentiary items that you will need to remove her as the personal representative.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice


  3. Anyone with an interest in the estate can file for probate - even creditors. The first step for you if you want to challenge her potential appointment as Personal Representative for the estate is to hire a good, local probate attorney. While she/he may not be able to do anything fast enough to allow your Grandfather's burial wishes to be honored, the remainder of the estate administration can at least be removed from her care should she be failing to administer the estate according to the will instructions and Florida law.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting.

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