Legal Question in Wills and Trusts in Florida
Locating Will and power of attorney
My father died in March of 2001. His wife, not my mother who passed in 1974, had power of attorney during his last few years when his will was supposedly redone. He had given me and my siblings each a CD during the late 1990s. My siblings cashed their's but I didn't because he and his wife were receiving an annuity and I didn't need the money. After his death I took the certificate to the bank only to find that his wife had cashed it in using her power of attoney rights a year before he died. She says it was an ''accident'' and she will give me the money this summer when the CD she now has matures (I'm leary of this but I have it in writing from her in a letter). I'd like to see his will without her knowing about it (how do I get it?) and do you feel that I need to take any actions to ensure that I will get the money that he and my mother had intended for me and my family? Thank you.
1 Answer from Attorneys
Re: Locating Will and power of attorney
If your father left a valid will and if it was submitted to probate, you can get a copy of it from the probate office. Contact the probate office in the Circuit Court of the county in which he died and ask if there is a will on file for him. If there is not, you may still not be certain that there was no will; you only know that no will was probated.
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