Legal Question in Wills and Trusts in Florida

Father Passed

My father passed away last year and I was wondering if I was able to obtain his will, and if so how to go about doing so. My step mother is still alive but she is a very greedy person so we want to make sure that she is doing as my father asked.


Asked on 11/02/07, 2:02 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Father Passed

If the will has been filed in court for probate, you can see it.

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Answered on 11/02/07, 11:00 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Father Passed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Check with the probate court in the county in which he lived and died. If one was placed on file, the clerk will know and may allow you to order a copy. If the will was not filed or a probate of the estate was not opened, there is no way to know other than to ask family members. It would not be unusual for everything to pass to his spouse with or without a will depending on the length of the marriage.

Scott R. Jay, Esq.

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Answered on 11/03/07, 12:20 am
David Davies Law Office of David H. Davies

Re: Father Passed

I need a little more information before I can answer this question. Where was your father living at the time of his death? Did your father own any real estate? If so what state was it located in?

If an estate was opened, you would have been notified so the chances are your step mother did not open a probate estate and a will would not be on file.

I would strongly suggest that you give me call so that we can discuss this in more detail. There is no charge or obligation for a confidential call and at least you may be able to put your mind at ease!

Good Luck!

DHD

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Answered on 11/06/07, 4:06 pm


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