Need help finding a lawyer for my 90 y/o mom in Florida. Following the death of her husband of over

[RamblingRose]

30 years, his 76 y/o son has filed a lawsuit against her. She was issued a subpoena last week & just told me about it today. She said she was going to ignore it & let them have all the money. I told her you can't ignore a subpoena!!

Just prior to his death they sold their home in Brevard County & moved into an independent/assisted living community in Port Orange, FL. As far as I can tell they don't think she should get any proceeds from the sale of the house because she vacated the house in Brevard County prior to his death. The house was his from his first marriage (she deceased 40 years ago). The Will states the money from the house was to be split between her & his 3 sons.

She has never gotten along well with his 3 sons. They were especially mean to her in the weeks before his death (10 days shy of his 100th birthday).

I live out of state and am trying figure out what to do. I'm an only child and have never had any communication with his sons.

She has to respond to the subpoena by December 22nd and needs to find an attorney ASAP.

Please let me know if you have any suggestions.

Thanks

[SheltieLover]

1. Call her local senior center & council on aging for elder law referral

So sorry you are both going through this.

[bucolic_frolic]

2. I'm no lawyer

Who owns the house, which is to say whose name is on the deed? If she was married to him at time of death, she may in many states own everything he owned. Or not.

You need to clarify - a subpoena for what exactly?
Depending on the state, the state itself may have a claim on part or all of the house since assisted living is involved. That may be part of the reason for the son's rapid suit.

I think you need to consult an eldercare lawyer in Florida who is familiar with asset protection. Should be able to find one by phone, search the Google for the town or county.

Again, I'm no lawyer, but went through the eldercare process, but that's about all I can briefly say about it.

[spooky3]

3. Do you have a lawyer in your hometown? She or he

Can recommend someone in FL who can help your mother. Who did the will? Can she or he help?

[RamblingRose]

6. She can't get in touch with the attorney that did the will. I think he passed away & the son took

over the practice. I guess that's what happens when you live to be 90 & 99 - you outlive your doctors, friends, attorneys,...

Thanks

[imavoter]

4. Get a consultation from a probate attny to steer

you in the right direction for the
law in your state.

[MOMFUDSKI]

5. The good news is that a Florida Atty told

my father-in-law that, even with a prenup, wives have a big leg up here in Florida. Make sure to pursue this. Call the Florida Bar for a referral in her town. Good luck.

[Desert grandma]

7. You might try either of the following prepaid legal plans::

Legal Shield which covers quite a bit for a $29.95 and is a subscription plan that includes a number of legal services. What is not covered is discounted 25%. Their number is 1-800-470-1694

The other is Prepaid Legal Plans at www.prepaidplans.com It is a similar program and costs $24.95 per month and also has a discounted fee off of the hourly attorney charges.

Both of these plans have attorneys in Florida. A friend I know is using one of the for a legal issue he has. I cannot remember which one he is using but I think they are probably both good. Good luck to you! This is a terrible thing for her to go through now. If you do call or contact one of these programs, ask how much the attorneys normal hourly charge is and how much if a discount you get for civil trial work.

[relayerbob]

8. My wife is a probate attorney and knows someone really well.

Check your DU mail