Legal Question in Wills and Trusts in Florida
Determination of Estate Assets
My father was a resident of Florida and recently died, leaving a 16 yo will naming my stepmother as personal representative. Besides the house they lived in, he owned 7 others, a large gun collection and other assets totalling more than 1 million dollars. In the will, he left all real property to my stepsister and the residual estate to my stepmother, if she survived him, or to his children and grandchildren(8 then, 13 now) if she didn't. The will also mentions that he MAY leave a list of specific devises, but makes no mention of who would have or where the list would be if it were to exist.
My questions are:
1. Must his will be submitted to the Clerk of Courts for Probate before any distribution takes place?
2. How can I determine if the property deeds had rights of survivorship, and who the survivors are?
3. Do I have the legal right to be notified of the proceedings?
4. Does the personal representative have to any effort to determine if a list of devises exists?
5. My father inheritted some family heirlooms, some over 150 years old, after this will was written. Would they be considered personal property and go to my stepmother, or they pass along to his childern?
Thanks in advance.
2 Answers from Attorneys
Re: Determination of Estate Assets
I have a question. Is your stepmother still alive? This would make a difference in how the assets are distributed. If you are named in the Will, you are considered a beneficiary and must receive notice and copies of documents filed in Court. If your father left assets that were titled in his name alone, then the Will must be filed in the Circuit Court.
Re: Determination of Estate Assets
Your questions are: 1. Must his will be submitted to the Clerk of Courts? YES 2. How can I determine if the property deeds had rights of survivorship, and who the survivors are? YOU NEED TO GET COPIES OF THE DEEDS FROM THE CLERKS OFFICE.3. Do I have the legal right to be notified of the proceedings? IF YOU ARE A BENEFICIARY 4. Does the personal representative have to any effort to determine if a list of devises exists? YES 5. My father inheritted some family heirlooms, some over 150 years old, after this will was written. Would they be considered personal property. PERSONAL PROPERTY
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