How do I go about contesting a Will?

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How do I go about contesting a Will?

My mother passed away last month and my father just passed away. I am being kept out of their house and my sister and another person (who is not an immediate relative) are going through my parent’s stuff and papers without my knowledge of what they may be doing. I would like to know if there is an issue with the Will what means would I take to contest it?

Asked on January 17, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  You should not be waiting for a Will contest.  You should be at the Probate Court filing an emergency petition to be appointed as the fiduciary - personal representative - of the estate of your parents based upon the assumption that your sister and this stranger may in fact be dissipating estate assets.  You need to be able to get a restraining order against her nd to change the locks on the house.  You have the same rights as she does.  You need to assert them legally.  Good luck.  


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