Legal Question in Wills and Trusts in Florida

The decedents Will should be filed with the county clerk's office and be a matter of public record. If yiou do not hear from the attorney administering the estate you should search the probate records to see if anything has been filed to learn more.

Marc J. Soss, Esq.

www.fl-estateplanning.com

I am assuming that the grandfather has passed away. If not, they can't without his permission.

Once the Will is filed, they can get a copy at the Probate Court in the County where he resided. If the Will is not filed, but they know who has it, then if after notifying that person to file it, and they fail to do so, you can get a court order directing them to do it. Attorney fees and costs can they be levied on that person for failing to file.

The question is whether the item they are to receive was in the possession of the decedent, and whether probate is required. If not, and there is no probatable assets, then they may receive nothing.

who has the will is the major question. When did the grandfather pass. Is there any reason to probate the estate? If the Will is not being probated then ask the person who has it to give you a copy.