Q: My Mom past October 2015.. With no Will. Now her Hubby (2nd) found lost will.
It states everything Home and other monies are left to him. We, her 5 kids know she would not have done this. Seeing as the home they were living in was paid for by her and my Father. During their marriage she didn't add his name onto the Deed of the Home. They did take a loan out to pay for her Medical bill and used property to get the load and his name is on the loan.
Just this there is something hokey about this.
A:
I agree that this does not sound correct. There could be a couple of things going on here. (1) it is possible that your mom did make a will that left nothing to the five kids; (2) it is possible that her second husband may have exerted undo influence over your mom to get to write a will leaving out the five kids.
I strongly suggest that you seek the advice of an attorney who regularly handles probate cases in the Miami area and specifically cases where the will is being challenged. I am in North West Florida so it is not feasible for me to assist due to the distance. There will likely be a cost to speak to an attorney but I suggest that getting an attorney's opinion would be helpful for you five kids.
A: It does sound suspicious- but if her estate is still open, you'll likely need to hire a probate litigator to challenge the validity of the newly-found will.
A: In order to probate your mother's estate there must be a probate initiated in the circuit court where your mother passed away. Initially if you filed without a will which is called intestate and then a subsequent will is filed as may have occurred in this case, the appropriate remedy would be to file a motion to question the validity of the will. I certainly suggest you hire an attorney to assist you with this matter. We do offer FREE CASE EVALUATION.
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