Ormond Beach, FL asked in Probate for Florida

Q: Can a probate judge go against a legal will and disburse money as she sees fit to do?

My husband had a legal will drawn up by a reputable attorney here locally. He retired before my husband passed but his Paralegal went to the courthouse and swore out that the will was legal. Everything was to go to me , his wife. He had a lawsuit that settled after his death. He had been in a nursing home the last 3 years of his life as he became violent and I had to pursue an injunction as he was constantly getting thrown out of the nursing homes because of his behavior. This left me in financial despaire. I was raising our grandaughter that we adopted. My car fell apart and my sister was dying from als. I had no credit so I went to an organization with extremely high intrest to borrow against the lawsuit to get a vehicle and help pay for my sister funeral. The judge told my probate attorney she didn't like the way I was already spending the money so she made me give the grandaughter 25% . The attorneys took half of the settlement. How can a judge go against a will?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: Assuming that the will did say what you indicated, the Judge would have NO authority to change the dictates of the will. I am assuming you had an attorney represent you in the probate. Another factor is whether or not the settlement proceeds provided any funds specifically to your grand daughter and whether a guardianship for a minor was necessary. If your attorney for the probate did not recommend an appeal of the ruling, due to costs or further delay in getting you a distribution, there is a judicial review panel that reviews conduct of judges, just as the Florida Bar as a disciplinary arm that disciplines attorneys. The law is very strict, a judge who is not following the law or what a will says, whether for compassion or other reasons, should be reported.

As far as the personal injury settlement, the attorneys should have reviewed the deductions with you or the personal representative of the estate. Half is alot, but perhaps the costs or liens to medical providers to be paid out of the settlement were high, which resulted in a larger than usual amount taken out of the proceeds, all this should have been explained and agreed to as part of the process of accepting the settlement.

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