Islamorada, FL Estate Planning Law Firms & Lawyers

There are 2 grounds that are normally used when contesting a will. One is lack of competence. The other is undue influence, whereby a person close to him used their influence (usually in a diminished state) to essentially substitute their judgment for his. These issues often come up when someone changes their will close to death. You may want to investigate when the will was done, who drafted it, who was with him at the time and what drugs he was taking. Remember that as a niece, contesting the will and invalidating it doesn't mean that the estate will go to you!

What happens to the house depends on the title to the property and your Will or Trust, if you have one. If title is joint with your husband, it would pass to him, if you die. The same is true if you leave him the house by Will or Trust. If you do nothing and the house is in your name alone, your husband would divide the house with the kids. He would get the much larger portion, however. There are a number of options for structuring this, depending on your objectives. I would suggest you see an estate planning attorney, to discuss this further.

You need to file a probate proceeding and give notice as best you can. It may even require by publication, but only after it is set up properly to do. Ultimately a court order will be issued declaring the ownership. Issues related to partition may occur subsequently and may result in another court proceeding. You will need the assistance of an Attorney and cannot proceed without one in court.