Legal Question in Wills and Trusts in Florida

my mom died in 2003. besides me she left a surviving husband. she told me years earlier that she had a will in a safe deposit box, but i have not seen it or heard anything about it since her death. what should i do.


Asked on 5/02/11, 9:57 am

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Depending on the factual situation, advice will vary. Often, a spouse gives most or all his/her property to a surviving spouse. She may have gifted you certain personal property or other bequests but you must review the will which may have never been divulged to anyone except your father. Any joint assets such as real estate, bank accounts, or vehicles will merely pass to the other owner. The will likely was not required to be filed in probate. Therefore, your only recourse may be to request it from him. Several years have passed which complicates your situation. If you were a minor child at the time of her passing, you may have a basis for demanding information; otherwise, your options are likely limited.

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Answered on 5/02/11, 2:12 pm


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