Legal Question in Wills and Trusts in Florida
how do i find out if my aunt left me something in her will? She told my mom she was leaving me half and my cousin half. My cousin is executor and has not contacted me. I know if I ask him he will tell me nothing was left to me. Do I have any right to demand a copy of the will?
2 Answers from Attorneys
If you are named in the Will, you have a right,. If not, you don't. To at least find if a Probate proceeding was filed, you have to look in the court records in the county where your aunt resided. It is possible that no proceeding is required, in which case you would receive nothing through the Will because of its lack probate assets.
If a proceeding is filed, and you are named, if they comply with the law you will be contacted.
Is your cousin the legal heir in line to inherit? If not, then you could file an action in probate yourself which would allow you to become the Personal Representative unless challenged - but it would give you the opportunity to have the will produced (if it still exists) or the property will be divided per the lineal descendants.