Legal Question in Wills and Trusts in Florida

Was your father in law married? If so, his spouse is entitled to all that remains unless he had a will in which he left the garage to his son. If the Marion County Clerk 's office has no will on file, then I suggest you hire an attorney, file for probate and force the issue with her. This way she will either produce the will or if not, then intestacy statutes will come into play.

It is a bit difficult to answer, but I can give you some direction. Beyond this, you need to consult with an attorney:

1) A Will is to filed with the probate court within 10 days of death by the person who has possession of it

2) If you know someone has one, and hasn't filed it, you can bring an action to compel the filing. Once filed, an interested party can get a copy from the court. If it is already filed, then you proceed to request a copy.

3) If you believe someone has it, you can also file an action for them to respond

4) You can also file an action to compel to receive a copy of the Trust if you may be an interested party

5) If there is probate, or any trust administration, interested parties have the right to receive certain information. If someone hasn't, and they are an interested party, they can bring an action in court for it. It may include, if the person in charge (Trustee or Personal Representative) is not doing their job right, a request for removal and appointment of a successor.

Hope this helps.