Sebring, FL Estate Planning Law Firms & Lawyers

Your dad passed away and left everything to your Mom. Now it's her money. She can do what she wants, unless there was a WRITTEN contract between mom and dad not to change their wills. It sounds like you may have an "undue influence" claim against nephew, if he induced mom to sign a new will while she didn't have capacity. Get a lawyer working on that now.

State statute requires that a will be filed with the clerk of the court in the county where the decedent resided. Failure to file is a felony. Once filed the will would then be public information for all to view. As an interested person you can open an estate thereby forcing the production of the will. If a probate estate is opened, the heirship of the decedent must be proved. As a child of a deceased daughter of the decedent you would be an heir but that does not mean you would receive any legacy under the will. The terms of the will determines the legatees in a probate estate. If the legacy to your mother depended on her being alive at the death of your grandmother then your mother's descendants would not take her share. If, however, the legacy to your mother was per stripes, where the share of a deceased child is divided among the descendants of the deceased child then you would be a legatee.