My father in law was named in part of a will (by his father) about 20 years ago (the will also contains my father in laws brother and sister.) The will never came to light until recently (by brother) I'm not sure as to why, if it was going through probate or someone contested it. My father in law recently passed in October of 2018 (without a will). He left behind his wife and grown children. The will was recently read this year 2019 and described which parts of land would go to my father in law and brother and sister. There are several concerns we have regarding the will. My mother in law obtained an attorney who will not give a copy of the will to sister for her to review. The attorney and my mother in law also said the property could not be sold (sister wants to sell) or nothing could be done with the property for 2 years after my father in law passed so that his creditors couldn't touch it. Does my father in laws share belong to my husband and his siblings? Also is the sister entitled to a copy of the will and does she have to wait the 2 years out? My mother in law is being very deceiving in this process. we want to know who the property belong to and what rights we have.
THERE ARE NUMEROUS ISSUES RAISED IN YOUR REQUEST. I RECOMMEND YOU IMMEDIATELY CONTACT A PROBATE ATTORNEY WITH EXPERIENCE IN PROBATE LITIGATION. MUCH MORE INFORMATION IS NEEDED. YOUR FATHER IN LAWS WILL WAS IT A FLORIDA WILL? IS ALL THE LAND IN FLORIDA? PROPERTY DOES NOT HAVE TO BE HELD 2 YEARS. WHILE THAT WILL ELIMINATE UNKNOWN CREDITORS, DOES YOUR FATHER IN LAW HAVE CREDITORS? IF SO HOW MUCH ARE THE CLAIMS? SINCE YOUR FATHER IN LAW DIED INTESTATE WITHOUT A WILL, HIS SURVIVING SPOUSE WILL HAVE CERTAIN RIGHTS INCLUDING FAMILY ALLOWANCE, A 1/2 SHARE IN HIS ESTATE AND CERTAIN EXEMPT PROPERTY. YOU SHOULD SEE AN ATTORNEY AT ONCE.
This is too complicated to answer without a probate attorney reviewing all the relevant documents. Was there a probate 20 years ago? Who's been managing the property since then? I suggest you retain a probate attorney to guide you in this matter. My colleagues questions are also relevant.
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