Legal Question in Wills and Trusts in Florida

Re: Father's will

If he had a will anf it was probated then it should have been filed with the Probate Court in the county he last resided

Re: Father's will

In general, Massachusetts wills are supposed to be filed within 30 days of death by the person holding the same.

While this is not always the case in practice, a person holding a will can be compelled by the court to file the will with the probate court where the decedent was domiciled at death. (I.e., where your father considered "home" at the time of his death).

Once filed, the will is a public document. If there were assets solely in the name of the decedent, they should be administered according to the terms of the will.

The foregoing assumes that the will was made after your father married your stepmother, as marriage voids a will unless the will was explicitly made in anticipation of the marriage.

It is also possible that assets were placed prior to death in a trust, which is not an instrument open to public inspection.

If you have further questions and would like to pursue your inquiry, please contact my office to set up an appointment.

Re: Father's will

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.

You should go to the courthouse in the county in which your father lived and see if a will or estate was filed. If so, the pleadings will indicate who is to inherit from his estate. Keep in mind, that many people who remarry often put their property in joint names thus they have no estate. If there is an estate, they often leave much, if not all, of their estate to their spouse with whom they shared their life. Their is no guarantee of any inheritance from a parent upon his or her death.

Scott R. Jay, Esq.

Re: Father's will

Assuming that your father passed away in Massachusetts, please let me know if I can be of some assistance locating and obtaining a copy of the will.