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

Asked about 1 year ago - 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. Jeff Tomberg

    Contributor Level 14


    Lawyers agree

    Answered . 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...... more
  2. Carol Anne Johnson

    Contributor Level 18


    Lawyer agrees

    Answered . 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 : : Wills, Trusts, Real Property, Probate,... more
  3. Daniel Nelson Deasy

    Contributor Level 20


    Lawyers agree

    Answered . 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.... more

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