Legal Question in Wills and Trusts in Florida
Hello:
My ex husband just died and we don't know if he left a will. He died up north, but l the ex wife have an original will when we were married that left our son the beneficary. I live in Florida. Do l have a right to file his will (the will when we were married) if there is no other will?
My son has a disability and there was an ongoing litigation in Florida for specific assets and child support but my ex died before the trial date which was last week. Should l file his will where he died?
Thank you
Time is of the essence.
1 Answer from Attorneys
You need to file it in the court where he resided. It may be the last Will of his, and though it probably provides for you, you most likely will not receive due to the divorce. I would recommend doing it with an attorney up north to make sure it is done right. Too much at stake.
Side Note: You may have a claim against his estate. Don't know, but you should check with an attorney in the jurisdiction up north.
As to your son's case, he should have a claim against the estate, and probably needs to file something. In Florida, if he didn't, he would lose his claim. I don't know what jurisdiction it might be, but in your son's case, you should speak with his local attorney, and talk with an attorney in the jurisdiction up north to protect him.
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