Lakeland, FL asked in Estate Planning for Florida

Q: My mom dies with a Nevada will with no property

she had nothing no car or home or property just our joint bank account and i did not file or probate the will as i did not know i needed to. Now i live in Florida and my sister thinks she should get money and personel belongings of my moms. My mom left everything to me in a will and left one dollar to my sister if she contested the will. Should i be concerned.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No, you don't need to be concerned. It looks like the only property passing under the will was personal effects and probating a will is usually not necessary for that. As far as a will contest from your sister is concerned, it's a matter of "put up or shut up"; when and if she actually sues you, get an attorney.

If there are any mementos which you feel your sister should have, offer to give them to her, but you don't have to.

David M. Goldman
PREMIUM
David M. Goldman
Answered
  • Estate Planning Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Unless there is substantial personal property or other assets that might be subject to probate, the risk is little that she will spend a bunch of money to object to a will and receive 1/2 of almost nothing.

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