Legal Question in Wills and Trusts in Florida

living trust

My Father passed away in March in Florida. Before he died he told my brother &I, we were included in his will. I recently asked for a copy of the will and was told by my stepmother it was a living trust and seemed hostile to send me a copyof anything. Do I have a right to this information without jeopordizing my inheritance as she accused me of contesting it & would only get a dollar if I did. Do I have a right to this information & how can I obtain & know the terms of this living trust / will ? OH! Is there a time limit to act ? Should I have been informed of any inheritance as a beneficiary of my fathers estate , assuming I am named as he so stated to me ?


Asked on 7/02/09, 7:45 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: living trust

First, you can not be cut out of a will because you contest it, and simply asking about the terms is not considered contesting the will.

If the will has been probated you should have been notified, if you are a beneficiary under the will. If you want to know if a probate has been started you can contact the clerk of the court in the county where your father lived. This is the most likely place a probate would be opened.

Also, if no probate has been opened, you and your brother can begin the process, as you are interested parties. You will have to hire a lawyer to this.

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Answered on 7/02/09, 8:24 pm


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