I have been told that my younger sister is executor for my Dad and that I may or may not inherit anything or be in the will. Is this legal? Doesn't the oldest have rights or duties allowed by law. How do I appeal this in Florida?
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I have been told that my younger sister is executor for my Dad and that I may or may not inherit anything or be in the will. Is this legal? Doesn't the oldest have rights or duties allowed by law. How do I appeal this in Florida?
They can write whatever they want in the will.
An old boyfriend and some other people I have known had people that left $1. to someone they didn't want to inherit anything just so that there was no question if maybe they were accidentally over looked in making the will.
IMelda Marcos and some guy in Maryland left their mansion and money to their dogs (the caretakers actually but specified to the dogs)
If your father is still living, you can't do anything. After his death, you'll have a right to view the will... At that time, you will be able to seek counsel as to the legalities of how it is handled. It might be that they currently do not want you to know any details at this time for what ever reasons. That doesn't mean you have been left out, only that it is private if your dad is living and wishes it to be that way.
Can you talk to your father if he is still alive and well enough to ask?
Two ways to possibly contest are
If your dad made the will out at a time when he was not of sound mind
If you believe they unduly coercised him
Thanks for two possibilities. Proving unsound mind or being coercised is very very good but Dad is fine at 80 in Florida and my brother and sister are going along with his game against me for the last 40 years or so. I simply want to bust the game wide open legally and stop hearing their lies and cover ups. I have left them to their own devices now want to finalize this family thing and move on. Could you be so kind as to kick out a couple of possibilities. I mean my only other brother blew his brains out down there after a visit and no one even told me when my mother died down there. Information is available if you need more but it would be second hand from lies and cover ups. I am thinking of sending the authorties to check for elder abuse or other goings on. My sister lives in the same town and my brother is here in California and simply agrees with it all and says I am causing a rift so he judges me on these falsehoods. Let's send him a message of truth.Quote:
Originally Posted by N0help4u
Whatever the will stipulates are the "rights" that anyone has. If the will designates your younger sister as executor than that's that. She has to make sure you receive whatever the will directs you to receive. If you aren't designated to receive anything, that's perfectly legal. If the will is vaguely worded like to the effect of "share and share alike" then that becomes your ammunition.
Quote:
Originally Posted by larrylove
You posted a similar question once before - the answer is, yes, it's your father's money (or belongings) and he can leave his estate to anyone he wishes (including, as someone pointed out, the family dog). If you are to be excluded from the Will wording to the effect that you are not mentioned for reasons known to you or, better yet, a bequest of a very small amount, answers the "can you WIN an 'appeal' question." I just came across a comparison of Florida Law and NYS Law (where I am) in this regard - NYS recommends very specific "I am not leaving you anything because you didn't send me a Father's Day card" language; Florida recommends the "I'm leaving you $1.00" wording, nothing specific.
Your sister's responsibility as Executrix is to probate (and settle) the Will and make distribution in accordance with your Father's Will - she makes NO decisions as to the who, what, where - those decisions are controlled by the Will.
Again - this sounds like a very bad family relationship, particularly if your mother died and no one told you about her death (which you have posted before) and the whole Will question appears to be part of a bigger problem. As I recall you aren't even sure about the status of your Father's health.
You will receive a copy of the Will and you can decide at that time whether to question it or fight the terms - but with the family history if you are NOT included I would think it would be a losing, uphill fight for you plus you would have to make your argument in Florida.
I believe you have asked about your sister controlling your Father's assets through a Power of Attorney - a Power of Attorney does NOT control his Estate upon his passing and, in fact, terminates upon his death.
As I advised before, call your Father and ask; call your sister and ask; leave California, go to Florida, visit your Father... and ask. Get involved.
(As you can probably tell I have a personal problem with people who aren't around to take care of someone, don't visit, don't call, don't get involved in the day-to-day caretaking... and then show up at Will time, claim forms in hand! I honestly hope this is not the case here and it's a question of distance.)
I have to say that this sounds like something that would take family counseling to fix. If dad is hale and healthy and has drawn up a will, he can leave his money to whoever he wants. And from what you say, it sounds like he doesn't have problems with his two other kids, but that you are estranged from the family.Quote:
Originally Posted by larrylove
Here's my advice to you: Worry about reconciling with your dad and leave it at that. If you are in his good graces, he may or may not leave you anything in the will, but you will have had a good relationship with him in his final years. Do not try and get him to disinherit the other kids, or you will wind up in court with them saying that you unduly influenced him, especially if you have been estranged from your father for 40 years.
And finally bit of advice: Don't expect to get anything from your dad, and then you can be pleasantly surprised if you do.
But no, just being the oldest, or even being the only child gives you n o special rights that can over power a legal will. Depending on the state, all children may have to be included but some can only be left one dollar.
So yes you can be basically wrote out of the will if the father wants to.
And he can name anyone he wants to over see the will. He can name someone not even a family member, And in general I normallly believe that it can be better to have a non family member doing this.
I think since you say it is your father causing the lies and hate toward you it will be even harder to do anything about it than it would be if it were your siblings manipulating your dad.
I really don't know of anything you really can do other than cut them out of your life and move on.
Rate this as best answer and am moving on myself. The cut has been made. Isn't it all about dividing and conquering ourselves for us to have a life and have it abundantly. So enjoy and continue to expose those who are "causing the lies and hate."Quote:
Originally Posted by N0help4u
Ecclesiastes 10:11 Surely the serpent will bite without enchantment; and a babbler is no better. Luke 11:11 If a son shall ask bread of any of you that is a father, will he give him a stone? Or if he ask a fish, will he for a fish give him a serpent? John 3:14 And as Moses lifted the serpent in the wilderness, even so must the Son of man be lifted up: Numbers 21:9 And Moses made a serpent of brass, and put it upon a pole, and it came to pass, that if a serpent had bitten any man, when he beheld the serpent of brass, he lived. Psalms 140:3 They have sharpened their tongues like a serpent; adders' poison is under their lips. Selah.
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