Legal Question in Wills and Trusts in Florida
If my father passed away here in FL where he was residing, but there is someone coing in from TX who is not family stating they have his wishes in a safe deposit box and they will tell the everyone what they will have is that legal? What kind of paperwork do they need to show for that to be legal? What if he was also getting mail at their home in TX? If he wrote something down and got it notarized does that make it legal? What are the rights of the 2 children to be able to handle his estate?
2 Answers from Attorneys
This depends on whether what the person in Texas has is or is not a will. If it is a will, the kids' rights will be described in the will.
If he has the will, he should file it with the Clerk of the Circuit Court in the county where your father lived. You can obtain a copy of the will from the court after it is filed to see if your father included you. There are formal requirements for the making of a will. A Judge will rule on the validity of it, and you can contest it under certain circumstances. If this person who holds the will does not file it within a reasonable amount of time (10 days), you can file an action with the court requiring him to do so and have him pay your attorney's fees as well. Please do not hesitate to contact me if you need any assistance.
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