Legal Question in Wills and Trusts in Florida

My grandfather passed away on December 7th of last year. About a week before he passed he made a will and he, along with my aunt, uncle, and father, signed it. My uncle's name is currently on the house and bank account of my grandfather and believes he shouldn't have to give my aunt a copy of the will. Is it illegal for him to with hold a copy of the will from her if she signed it as well?


Asked on 1/27/11, 6:22 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Only a person who is a beneficiary of the will is entitled to review of it. Just because someone signs it does not make them a beneficiary. You do not say whether the will was drafted by an attorney or if your Grandfather just wrote some stuff out, but in any event, it is likely the estate will need to be probated through the courts.

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Answered on 1/28/11, 6:00 am
Lucreita Becude Lucreita D. Becude, P.A.

From the sound of it, the will was improperly signed and therefore null and void. I suggest if your mother wishes to have any say, she file with the court immediately for probate under adversary procedures. Get an estate attorney - you are in for a battle.

Money makes people do crazy things. As the cliche' goes, Greed is the Root of all Evil.

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Answered on 1/28/11, 6:58 am
David Slater David P. Slater, Esq.

The will must be filed for its probate, so she can read it at the court house.

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Answered on 1/29/11, 5:08 am


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