My Dad passed in 2015. He left my Stepmom in charge of the Will. I am his only child. I am not in the Will. I only am if she is unwilling or unable to be in charge, then, I would take over. My Stepmom lives in NC. I live in Florida. She went to her Attorney and had a Ceize and Desist Order put against me, and, my biological Mom. My Stepmom was going to leave me 50% and give her brother 50% of the Inheritance. Now, she is not leaving the 50% to me. She has disowned me completely. However, her and my Dad were bad Alcoholics. And, she is still drinking everyday, all day. She falls and has even admitted that to me. A cop went out to check on her at her house, and, she told the cop she just wants to be left alone. The cop said she is very thin. She never was thin. All this is besides the point. I am trying to find out if I get an Attorney here in Florida to Contest the Will, Can or will I go to jail? Should I or should I not bother this? Please help me.. I need an answer badly. Thank You Kaloni
Kaloni, try to find a Probate attorney in your area here on Avvo to help you. I do not understand why you think you will go to jail; you will not. [redirecting to Probate)
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You dad left your stepmom "in charge of the will". I have to assume that this means he named your stepmother as the personal representative (aka PR, FL's term for "executor). It is not clear whether probate was ever initiated. I suspect not, because probate generally does not take three years to complete, except in very complex cases or heavily litigated cases. You say you are not in the will, unless you stepmother does not want to be in charge, in which case, you would take over. This sounds like your father named you as the successor PR in his will. Taken together, it sounds like your father did not give you anything in his will. This is his choice and your stepmother would not be obligated to give you anything, even if at one time she said she was going to give you half. As for the Cease and Desist Order, it is your right to contest the will if you feel it is not valid. It is not likely you will go to jail by violating a Cease and Desist Order that prohibits you from exercising this right. I find it hard to fathom that a judge would issue such an order. So, if you believe the will is not valid, go ahead and hire an attorney to contest it. One final consideration: you live in FL, your stepmother lives in NC. The salient issue is where did you father live before he died? That is the state in which you should hire an attorney because that is the state in which the probate will occur.
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