Need help on wills and probate law

[cynatnite]

My sister and I recently discovered our grandmother passed away. We were not notified as we should have been. She was not mentally well and the contact was sporadic as a result. She would get angry at me and would refuse contact. Then she would go to my sister. This would go back and forth. It was a struggle dealing with her because of how erratic she was on many occasions.

It wasn't until after we found out she died that she had changed her will making some guy the executor of her estate. She left everything to the humane society he runs. Now, we don't have a problem with her leaving her estate to the humane society where she lived.

The problem is we are catching him in lies concerning her belongings. There are photo albums, important papers from the Third Reich, and other personal things which would only have sentimental value to my sister and me. The stories change as to what is left, where and how it was sold.

She had antiques, jewelry and money. My sister and I never knew how much any of this was worth.

When she died, her will was not probated. Also, she had our contact information. This man is claiming he attempted to contact us and we believe no attempt was made.

My grandmother made a will back in 2002 making me executor and leaving everything to me. She told me that it would be up to me to split everything with my sister. Our understanding is that this updated will was done only a few months prior to her death.

The bottom line is: We think this person took advantage of an elderly mentally incapacitated woman whose grandchildren lived far away. We think he took much of her assets for himself rather than disposing them as this updated will instructed. We haven't seen this will.

Do my sister have a right to force this man to hand over documentation such as the updated will and other items concerning the handling of our grandmother's assets? Do we have any rights at all?

Any help from someone with knowledge concerning wills and probate help would be greatly appreciated.

[Finder]

1. The will should be filed in Probate, ....

go to or call the local court. They will have all the info you need. Good luck and I hope your family was not taken advantage of by a con.

[Truthiness Inspector]

2. Was your grandmother seeing a doctor?

If so, maybe there is medical documentation that she was not of sound mind at the time she changed her will. Did an attorney oversee the changing of her will?

[Hosnon]

3. Usually, the applicable state law allows for challenges based on

allegations of fraud and the like.

Call an estate attorney...s/he will know exactly what to do.

[ellenfl]

4. call an attorney. be advised that he/she may not take your case,

however, unless you are willing to pay for the contest (which is not cheap) or if the estate has significant value. at any rate, it won't hurt just to consult with an attorney. your situation may be a criminal as opposed to probate issue. he/she can direct you to any legal action (other than a will contest) that you might be able to take. find an attorny that litigates this type of case. martindale-hubbel or your state bar website should give you that kind of info.

do it soon. florida has a 90 day time limit, from the filing date of the letters of administration, for filing a contest. this does not mean there is no legal remedy, but do it soon anyway. if you are named as beneficiaries, you definitely have standing to contest the will.

it is unconscionable that the executor would not offer you family items. that happened to us when my father died and now seems to be the case with my brother's death. there a more greedy people out there than i would have thought. it's sad but that is what americans have come to with the 'yoyo' (you're on your own) attitude of our recent gummint.

ellen fl

[cynatnite]

5. Thanks for the advice...

We're looking for an attorney now.