Legal Question in Wills and Trusts in Florida
Missing will...
An elderly lady passed away in early December, and her husband quickly (within 2-3 days) had her cremated. She was a friend and had made references to me being in her will. The husband didn't put an obituarty or public notice in the local newspaper, and there was no service. I doubt if Social Security or any local government entity knows she's dead. How do I find the will before the greedy husband slips past the will/probate deadline and keeps everything?
1 Answer from Attorneys
Re: Missing will...
I have not researched this issue, but since no one would have a right to search the deceased's premises (without a court order), I think the only remedy is to file a probate case. This should be done ASAP. If an uninterested party was appointed as the Personal Representative, that person could ask the court for assistance in determining if the deceased actually had a will. Possible remedies would be to ask for her personal belongings or any safe deposit boxes to be searched, contact her attorney if she had one, or take the Husband's deposition.
There is no will/probate deadline (other than two year time limit for creditors to bring their claims, if any). 'Hope this helps. Good luck. Tom Rosenblum
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