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.


Asked on 2/21/07, 12:39 pm

3 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: Question

You need to retain counsel on this to ensure that you are not left out.

Read more
Answered on 2/21/07, 7:48 pm
David Slater David P. Slater, Esq.

Re: Question

The will is not required to be filed. If it exists, you must obtain production. Retain counsel. Good luck.

Read more
Answered on 2/21/07, 1:05 pm
Kelly Henderson

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.

Read more
Answered on 2/21/07, 3:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida