Legal Question in Wills and Trusts in Florida
Probating a will
My aunt recently died and she left a will. However, I have never seen the will and she owed my mother a considerable sum of money. How can I find out where the will is or can my mother sue the estate for the money? I know my aunt had a tidy sum when she died, but her son is in charge and I just want to make sure that my mother gets her money. Where should I begin?
2 Answers from Attorneys
Re: Probating a will
Your mother can file against the estate as a creditor. If a probate has not been opened, then she must open one in order to file.
Re: Probating a will
The will must be probated in the the county where the decedent lived at the time of her death. Your mother, as a potential creditor, may look at it. Once the personal representative has been appointed file a claim against the estate for the $ owed. Good luck.