response to probate

[Farfalla]

What is the name of your state (only U.S. law)? FL

My husband filed to open probate on his father's estate. There is no will. He filed to be the personal representive.

Letters were sent to all the heirs telling them that they have 20 days to respond.

So now the heirs are calling us asking what sort of response is required from them. My understanding is that the heirs have to agree to my husband serving as personal representative. Is this correct?

Does a person have to respond if they agree with him serving? Or are negative responses only necessary.

What happens if one out of the six heirs respond negatively? We expect that their father's daughter from his paramour will respond very negatively.

 

[anteater]

Something sounded odd to me about the "20 days to respond," which prompted me to take a look at the FL code.

733.212 Notice of administration; filing of objections.--
......
3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. ......

 

[BlondiePB]

FL probate statutes can be found under Estates & Trusts at www.flsenate.gov/statutes

 

[Farfalla]

FL probate statutes can be found under Estates & Trusts at Statutes & Constitution :View Statutes : flsenate.gov

Thanks....

 

[Farfalla]

Something sounded odd to me about the "20 days to respond," which prompted me to take a look at the FL code.

733.212 Notice of administration; filing of objections.--
......
3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. ......

OK... so I wonder about the 20 days too.

Does this mean that for the entire response period the personal representative cannot be 'assigned' and thus my husband cannot do anything in that capacity? For example FIL has several mail boxes around the country that my husband wants to put change of addresses out for. Without the letter from the court he cannot do this. By three months FIL will have been deceased for 6 months. The post offices will have returned the mail to sender and shut down the boxes.

There are other things that the family fears are disappearing as they wait and wait for all of this to happen.

 

[anteater]

I don't know the mechanics of issuance of letters in FL. Would the 20 days be the normal timeframe between petition and issuance of letters? Seems to be a bit long compared to other states, but not way out of line.

Once your husband has the letters, he has the legal authority to act as personal representative. I read the statutue to say only that the notice starts the clock ticking for an interested party to file an objection to appointment or contest a will. Three montns after notice of administration without objecting and they are out of luck forever.

My expereience is that a lot of people huff and puff about objecting to appointment of a PR, as if the appointment is equivalent to winning the lottery. But, when the rubber meets the road, they wimp out and don't file an objection.

 

[Farfalla]

I don't know the mechanics of issuance of letters in FL. Would the 20 days be the normal timeframe between petition and issuance of letters? Seems to be a bit long compared to other states, but not way out of line.

Once your husband has the letters, he has the legal authority to act as personal representative. I read the statutue to say only that the notice starts the clock ticking for an interested party to file an objection to appointment or contest a will. Three montns after notice of administration without objecting and they are out of luck forever.

My expereience is that a lot of people huff and puff about objecting to appointment of a PR, as if the appointment is equivalent to winning the lottery. But, when the rubber meets the road, they wimp out and don't file an objection.

Thanks... that is probably what the 20 days is.

Does a person have to reply ONLY if they object? That is what is sounds like from your reply.

There are extenuating circumstances so we do expect objections. FIL was in a bigamous marriage. His wife from the bigamous marriage is not listed as wife or as party to the probate. She did not get notice but her daughter who lives with her did get notice. She has been pretending to be wife for some time. She had herself listed as wife on the death certificate etc. So unless she is going to stop her scam we expect her and her daughter to come out fighting. The daughter did not even know that she had all these half siblings until FIL passed away. This is why FIL had all the post office boxes. He was hiding one family from the other. And we think hinding other things. Its a huge mess. My husband and his sisters just want to finally clean up the mess their father created.

 

[Farfalla]

Well looks like they are going to protest.... I just checked the court web site. A will has been filed. The law states that they have 10 days after death to file a will. it's 2.5 months.

Now i'm wondering what the chances are to fight the will.

 

[Farfalla]

The following might be the reason only 20 days was given for response.

"The time for making a will contest in Florida is short, typically 90 days after the Notice of Administration has been provided by the Personal Representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate. Therefore, prompt action is required to bring your lost inheritance back to life. "

Florida Will Contests - Florida Probate Lawyer & Attorney - Contingency Fee Probate Litigation

 

[las365]

Farfalla, I know that long threads can get unwieldy, but I think it would be helpful if you kept your questions on this probate matter in one of your threads that tells the background story. That way posters could give you answers in the context of the rather complicated story about your FIL's marriage(s) and the 40 year old Will that was found.

That may not have anything to do with the narrow question of 20 day response time, but would give posters a chance to address other related issues.

 

[Farfalla]

Farfalla, I know that long threads can get unwieldy, but I think it would be helpful if you kept your questions on this probate matter in one of your threads that tells the background story. That way posters could give you answers in the context of the rather complicated story about your FIL's marriage(s) and the 40 year old Will that was found.

That may not have anything to do with the narrow question of 20 day response time, but would give posters a chance to address other related issues.

Thanks.... you are right... about keeping one thread. I'm at fault for starting a new thread. Purhaps I'll keep this one thread from now on.

My MIL decided to not bring froth the old will.

The will that has shown up in court is not the 40 year old one. Its got to be newer.

 

[las365]

The will that has shown up in court is not the 40 year old one. Its got to be newer.

Well that is an interesting development! I don't suppose you have had a chance to see it yet and know what it says.

Emotional issues aside, have you been able to get any information to help determine whether FIL's estate has enough monetary value to make it worth a fight?

 

[Farfalla]

Well that is an interesting development! I don't suppose you have had a chance to see it yet and know what it says.

No, the court does not put the actual probate documents on the internet so my husband will try to get a copy of it this week. All we know right now is that it is 8 pages long.

Emotional issues aside, have you been able to get any information to help determine whether FIL's estate has enough monetary value to make it worth a fight?

We have determined that there is enough to at least cover the legal fees, etc. If this will can be thrown out, and the marriage to this other woman proven to be bigamous, there is at least a couple hundred grand. His father’s estate was in the bracket of the Kennedy’s. FIL inherited a few million when he and MIL were first married. She says that he blew through it and she has no idea if he saved/invested any of it. He was always secretive. One relative changed his will so MIL and the children inherited FIL’s share of that estate. FIL was able to move the money the children inherited as it was not as protected as the trust MIL got. So there has been big money flying around but we are not privy to where it is or even if it still exists.

My husband and is sisters are wondering if they can sue the estate for the inheritance he took from them. They are waiting on an answer from the attorney for this one.

By the way I helped MIL organize all her documents so I’ve read the actual originals on all of this… to include financial documents, court papers, his fleeing from arrests for nonpayment of child support and for other bigamous marriages.

MIL, husband and sisters-in-law actually do not care if there is anything. They want the record set straight. If there is anything than ok. When they first started talking about doing this I warned them that it could just cost them a bunch. They did not care. Maybe it’s therapy????

 

[BlondiePB]

Farfalla, what did this woman say when she was asked to present an original marriage certificate?

 

[Farfalla]

Farfalla, what did this woman say when she was asked to present an original marriage certificate?

The case was filed about a week ago. The attorney was a bit slow getting out of the starting gate. The attorney felt that it was best to go to probate and not include her in the list of interested parties. That puts her in the position of having to prove that she’s wife. So far she’s submitted a will but no proof of marriage or of a divorce between MIL & FIL. Attorney will now ask her for proof of marriage and for proof that a divorce exists between MIL and FIL.

I find it interesting she knows that MIL is claiming to be the legal wife. MIL is listed as the wife in the probate filing. This woman produced a will within 3 days of her daughter getting notice of probate. Yet she has not produced any proof of marriage to FIL or proof of FIL’s divorcing MIL. The next few days will be interesting.

We believe that FIL married this woman in her home country. So she probably can produce a marriage certificate. But there is no divorce from MIL. MIL has never been party to a divorce. IRS, Social Security, the military and the VA have been searching for a divorce in every place FIL lived. They have yet to find one. We have been searching too and have not found one.

Before the relationship with this current woman, FIL entered into 2 or 3 other bigamous marriages. Each time he lied when he signed the marriage application either not listing the marriage to MIL or on one occasion listing a non-existent divorce. MIL found out about those and contacted the women. The women than kicked FIL out and got annulments. So there is a pattern for this behavior. MIL has the court papers for all of those cases. Each time FIL disappeared, running from prosecution.

There are other strange things… for example the other woman (OT) has been using the name and birth date of FIL’s eldest daughter by MIL. Why? Probably to circumvent immigration and get military benefits when they first met.

MIL also has legal documents that FIL signed more recently acknowledging that he and MIL are still married. And when he signed each of them he would tell her and other family members that she just needed to get a divorce. Unfortunately FIL would immediately disappear after this.