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Questions Answered by Jennifer Marie Neilson
1 Answer | Asked in Probate for Florida on
Q: We asked the probate judge to remove a personal representative from the estate of our family member who died intestate.

We cited multiple cases of mismanagement and incompetency. The judge denied the motion without a hearing that we requested. We have no reason from the court for the denial. What can we do to bring this back before the court and demand a hearing?

Jennifer Marie Neilson
Jennifer Marie Neilson
answered on Dec 20, 2019

You could file a Motion to Reconsider or appeal the ruling. You should obtain the advice of a probate attorney who can review the specific details of your case and advise you as to the best course of action.

Jennifer Neilson


2 Answers | Asked in Probate for Florida on
Q: Does an attorney retain a copy of a will they have prepared? Can this be provided to "any" family member after death?

My Grandmother recently passed away. Upon my Grandfather's death she had a new will prepared, 2008. She had spent the past 11 years in a retirement home and developed cognitive issues. In 2016 her niece had a new will prepared at a time when her mental capacity was in question. This will has... View More

Jennifer Marie Neilson
Jennifer Marie Neilson
answered on Dec 20, 2019

Florida law provides a will can be revoked by a subsequent inconsistent will. F.S. 732.505 In order for a will to be valid, the testator must have sound mind (or capacity). F.S. 732.501 If your grandmother had cognitive issues when she executed the 2016 will, it may not be valid. Additionally,... View More

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