Thursday, December 17, 2009
Josh Duckett Challenged Validity of Will
As part of the probate process, the administrator is required to notify all surviving members of the decedent's immediate family. Those members then must sign papers acknowledging that certain facts are correct and/or giving permission for the personal representative to do certain things.
Since Melinda and Josh were still legally married at the time of her death, he would be required to answer the appropriate documents. It appears that Josh has filed an answer to the petition for formal administration
Also, Florida law automatically prohibits a spouse or child from total exclusion from the estate despite what may be included in a will.
Josh wanted to be the personal representative of Melinda’s estate, and his attorney has sent letters to the grandparents (their copy) stating that the will is not valid. Now Melinda made the Will at the same time she was getting the divorce. Josh was going to be an EX spouse. She made the will to provide for Trenton, no other reason. Josh, on the other hand, wants to have control of the estate, so that when CNN settles, there would be money in the estate. Then guess WHO would get control of the MONEY? It's a possibility.
I think if CNN was behind Josh contesting the will, (and let's not forget CNN is footing the bill for his legal representation) and he won control of her estate, he could drop the lawsuit against them. It was also a possiblity.
However, Melinda's Aunt Kathy was named her Personal Representative.
Posted by Maytruthprevail at 10:26 PM