Legal Question in Wills and Trusts in Florida
Contesting a Will & Determining The Contents of Current Wills.
How does one find about the reading of a will and how may it be contested? I am also interested in finding out the contents of previously read wills. My Step-Mother will more than likely leave me out of her will. I am my father's only offspring, there were no children from my father's and Step-Mother's union and I was wondering if I have any legal rights to contest a will that he originally drafted or if I have any legal rights to any items owned by my Step-Mother.
2 Answers from Attorneys
Wills and rights to find contents
What county was the will filed in? Let me know and I will see if I can help. I do charge for my services.
Fla. Will Contents and Contesting
How does one find about the reading of a will and how may it be contested? I was wondering if I have any legal rights to contest a will that my father originally drafted or if I have any legal rights to any items owned by my Step-Mother?
There is no formal reading of a will. This is Hollywood hype. Wills are generally not filed for public review until a person dies. Then a Will is supposed to be filed for safe-keeping within ten days of the individual's death. It is then made a part of any probate file if formal probate proceedings are commenced.
A person contests a will when he is given notice that it is being filed for probate. You must timely file your objection with the court where the judge is being asked to accept it as the last will and testament of your father. However, not all wills are probated. If your father owned all of his property in joint names with your step-mother, then she would obtain legal title by survivorship and not through probate.
Even if your father's will was probated, if the estate is now closed and all property has been distributed, then you are probably too late. The contest of a Will must be filed before it is accepted by the court and admitted to probate and the estate is closed.
If your father owned a home in his name alone and the property is located in Florida, then you might have a claim against the homestead. If an individual owns a home in their name alone and resides there with a spouse and leaves a child, then the spouse gets a life estate in the property and when the spouse dies, the remainder goes to the surviving child or children.
If your father owned his home in joint names with your step-mother, then she would take title by survivorship and you would not have any claim unless she left it to you in her will.
I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.
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