Legal Question in Wills and Trusts in Florida
I need to file a Rule to show cause petition in the Florida Courts to obtain a copy of my mothers will he is holding to which I am entitled as I am challenging this will which I believe was changed through undue influence, the case in question is in Naples,Fla I live in Colorado and I need a copy of this will to which I am entitled and the lawyer is holding on to it and despite 3 requests will not release it
1 Answer from Attorneys
Based on the facts described in your inquiry, you are likely an interested person in any probate action involving your mother's estate which would entitle you to a copy of the will. However, your specific question is not clear. Do you need assistance in drafting a show cause petition? Why is the lawyer reluctant to provide a copy of the will? If the estate is being administered in probate, has the court appointed a personal representative and is the personal representative represented by the described attorney? Advice: especially since you live in Colorado, if you desire to review and perhaps contest the will, you will benefit by being represented by an attorney.