Legal Question in Wills and Trusts in Florida
My mother passed away last week. She died in NY while living with my sister. My sister tells me that she had will from when she lived in Florida before she moved in with my sister. My sister hasn't told me who the lawyer is that is executing the will . She has told that I am a beneficiary. She has told me I have to wait 3 months to get the proceeds. I don't have a copy of the will. I am getting the feeling that the will is being withheld from the court. How should I proceed?
2 Answers from Attorneys
You could, through an attorney, file Petition to Produce the Will in court. Florida law requires that the Will of a Florida resident is to be filed with the probate court in the county where the decedent resided, within 10 days of their death.
Possibly advising your sister of this would suffice her to have it filed. Otherwise, a lawsuit would be necessary.
BTW, it is not the attorney that drew it up that's important, unless the original cannot be found and a copy needs to be probated if possible. What's important is who possesses the original.
If your mother was a resident of NY, the probate will be there.
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