Legal Question in Wills and Trusts in Florida

How Do We Get A Copy? And is there such a thing as a 'dual' will?

I am writing for my mother. She is the oldest, and her mother died in January. Her mother lived in Florida, with her second husband. She has been trying to get a copy from the step-sister and step-father without success.

First, is she entitled to a copy? Supposedly there is one, be we do not know if it was just hand written or more official. I have checked with the Probate clerk and it was not filed.

The other thing the step-sister says is that it is ''Mom & Dad's'' will, not just mom's will. Is there such a thing? I thought that even if you named your spouse as a the beneficiary, it is still just 'your will'.

Finally, if no children or grandchildren were named in the will, do any of the children have any rights to any property owned by the mom, considering that the step-father is still alive?

Thank you very much!


Asked on 6/23/04, 4:13 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: How Do We Get A Copy? And is there such a thing as a 'dual' will?

You can ask the court to force the person in possession of the will to produce it. You or your mother can also petition to be appointed as personal representative and open an administration. This will get things going. Then, other petitions can be filled from there.

There is such a thing as a husband/wife will but it is not common. It can still be filled if it is valid. There are several minimum requirements for a will to be valid in Florida.

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Answered on 6/24/04, 7:43 pm


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