Legal Question in Wills and Trusts in Florida
What happens when no original will can be found?
When an original will cannot be found, what does that mean to the surviving spouse? All of my parent's property, their house, bank accts, and vehicles are in both their names. My stepfather has been given a matter of weeks to live & his children are already looking for his will. These are adult children. Since my Mom's name is also on everything, does that mean she has no worries, or can my stepdad's children legally get anything? My parents are not rich, so there aren't any huge assets sitting anywhere, but I wondered how this will go if no original will can be found. My worries lie in the fact that my mother is disabled and cannot work, so she will need to be taken care of financially after my stepdad passes away.
1 Answer from Attorneys
Re: What happens when no original will can be found?
If your step-father is competent to execute a new will, I suggest he do so immediately. If not, the court may accept a photocopy with other evidence of its validity. If accounts are survivorship accounts then your mother is ok on those. However, if no will is found, then stepfather's biological children will take a portion of the estate according to statute.
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