Legal Question in Wills and Trusts in Florida
My Aunt Lottie' Will
I had an Aunt in Hollywood, Florida that passed away onJanuary 6th of 2009. The Executor of the Will has done nothing to this date (13 February 2009). And, she is not open about anything with this Will and to my knowledge has done nothing. HOW CAN I GET A COPY OF THE WILL AND SEE IF I AM IN IT AND NOT BEING SCAMMED??? I am at a total loss and don't know what to do since the Ececutor of the Will will not talk about it AND I DO NOT TRUST HER.... Any help or guidance would greatly be appreciated......
1 Answer from Attorneys
Re: My Aunt Lottie' Will
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You will need to contact the Personal Representative (f/k/a the Executor) to determine whether or not the Will was fled. If not, request a copy from the Personal Representative.
If you already tried to get a copy and have been refused, the only option is to hire an attorney who can force the Personal Representative who may be able to convince him/her to provide a copy or alternatively require the individual to file the Will with the Court pursuant to Florida law. You can also file the probate and ask for yourself to be designated by the Court as the Personal Representative due to the refusal of the named party to act.
Scott R. Jay, Esq.
Miami, Florida 33179