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I am the executor of my mothers estate , my siblings have started legal action against the estate,,HELP???florida,

Leesburg, FL |

my mother redid her trust and will about 3-4 monthes before she died,,she put nothing in the trust ,she had me on her accounts and had me as beneficiary on insurance and ira,,they are claiming she wasnt capable of making these decisions, i know she knew exactly what what she wanted,,,but they want the money and have a very aggresive lawyer and have stopped the insurance payout...i need someone smart and aggresive and will work for me

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Attorney answers 4

Posted

You need to have an attorney to assist you in defending the funds. This is not something you should attempt to handle on your own. I would suggest that you contact Joe Pippen. If he cannot help you directly, he can send you to someone who can. Mr. Pippen is a prolific contributor to the Avvo community, and an outstanding lawyer. You can find his contact information at www.attypip.com

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Carol Anne Johnson

Carol Anne Johnson

Posted

James, Asker will need a probate or will contest litigator, which I don't believe that Attorney Pippen is.

James P. Frederick

James P. Frederick

Posted

I was under the impression that Joe pretty much did it all! ;-)

Carol Anne Johnson

Carol Anne Johnson

Posted

I could be totally wrong, but I am pretty sure he does everything but litigate. Which is pretty common practice down here.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Thanks James- Carol is correct-we do not do probate litigation but could give out several referrals. Not sure if Carol does probate litigation.

Carol Anne Johnson

Carol Anne Johnson

Posted

No, Joe, I do not.

Posted

Contact an attorney in your area that is board-certified in Wills, Estates & Trusts. You want a probate litigator - not just someone who does estate planning.

I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.

Posted

It sounds like they are not suing the estate, it sounds like they are suing you. I suggest you immediately contact a Trust and Estate Trial attorney to advise you on this matter. Further, I suggest you do not ask questions on public forums as the information is accessable by your opponent.

Good Luck.

Posted

You are correct that you need an attorney to represent you. Look for someone in your area who is certified by the Florida Bar in Wills, Trusts and Estates. Make sure the attorney is a litigator and not an estate planner. Be prepared for an expensive battle. If there are not a lot of assets, your attorney may be able to work out a settlement.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.