Legal Question in Wills and Trusts in Florida
Question
My step mother passed away recently and my dad about 4 years ago. They had a will that their property would be divided amongst the 4 sibling (2 from each marriage). Is the will recorded in the court system to prevent one of my step mother's daughter from selling the property without my brother and I being included in sharing the proceeds from the sell??
How do I need to proceed to ensure we are included in any funds being distributed after the property is sold? What happens if the property is not sold for say 1 to 2 years?
Thank you.
3 Answers from Attorneys
Re: Question
You need to retain counsel on this to ensure that you are not left out.
Re: Question
The will is not required to be filed. If it exists, you must obtain production. Retain counsel. Good luck.
Re: Question
You can contact the clerk of probate division in the circuit court of the county where your mother lived. They will tell you if anyone opened probate. If a will was filed with the court they can, for a fee, send you a copy of the will. If the Will you speak of was "lost" you may have a legal fight on your hands as the heirs would then be your stepmothers children only, assuming you were never adopted by her.
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