Altamonte Springs, FL Estate Planning Law Firms & Lawyers

It is probably too late now, since your mother died in 2003, unless the estate is still open. When did you turn 18? If within the last 2 years you may have a claim for fraud. You need to talk with an attorney about the details.

The person in possession of the will must file it with the Florida probate court within 10 days of death or you can bring an action to force it and recover the fees associated with the action. Once a Probate is opened, a PR will be appointed by the court and then the PR is in charge of distributing the assets, until a PR is appointed, the will cannot be acted upon. The will must also be admitted to the court. You might want to request a Free Florida Probate Handbook for more information on these topics from our website.

Hello.  Thank you for reaching out with this question.  It sounds to me as if your friend has a "life estate" in a home and her grandsons are the remaindermen.  Possibly, from your question, she could be the remainder with her grandsons as the life estate tenant-- as you say it is in the grandson's name.  But that would defeat the purpose of a life estate interest, so I will assume it is the first possiblity.  As the owner of a Life Estate, if the property is in Florida, she may have a homestead interest in the property- providing more than just a break on her annual taxes, but providing her with certain rights against creditors and other rights she may not want to give up.  Furthermore, if she is unable to live alone- selling or gifting her rights to the property may result in the loss of certian benefits.  Finally, quite possibly, depending upon whether the property is held as a "Lady Bird Deed," or not, will depend upon whether the remainders must also sign the deed in order to make the title marketable to a final buyer.  An Elder Care attorney may be able to help her with the specificities of these concerns and lead her in the right direction.  Good luck!