Legal Question in Wills and Trusts in Florida
attorney withholding original will, how can we inform probate court that it exis
Father died while going through divorce 2 months ago. Separated for one year after being thrown out of home. Divorce attorney also wrote will 2 days before death at hospital per dad's request.Atty is owed $14,000 for divorce action from estate.As a result,he has refused to file will when notified of my father's death.Per Broward County Court,will was never filed.''Surviving spouse's'' attorney has petitioned court to appoint her executor.My father appointed my sister executor and left the little bit he had to his 3 children.Now the wealthy ''widow'' who refused to pay for funeral is out to get that. He left no life insurance.The ''estate'' as follows:$15,000 automobile,a transfer upon death stock $13,000 stock acct left to my sister and I(Spouse's atty has put a ''hold'' on it),funeral expenses we paid $6300.How can we notify court of will without original? We consulted 8 attorneys,7 refused to handle,1 wanted $10,000 retainer. Help please?? Thank you.
2 Answers from Attorneys
Re: attorney withholding original will, how can we inform probate court that it
You can file what is called a petition for order to produce a will. The court should issue an order to produce to whoever purpotedly has the original.
You might also want to check into what the $14,000 attorney fees were for. It sounds like a high fee for a divorce with such a small estate.
Best wishes.
Re: attorney withholding original will, how can we inform probate court that it
As a daughter you have a right to see the will. If wife is petitioning to be appointed as per will it has to be filed. Go to the court house and check this out. If someone is hiding the will this is illegal. If you have proof of a will
oppose any appointment without the will being produced. Good luck.
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