Legal Question in Wills and Trusts in Florida
Questions about my grandmother's will
My grandmother, who lived in Florida, passed away 9 months ago. According to the court records, the will has been filed but the probate case is still pending and the will is being contested.
1. When can one request a copy of the will and does the courthouse keep records of who requested copies?
2. Is it possible that I was named in the will but not notified; if so, what can or should I do?
I suspect my father was named executor, but we haven't spoken for years and I know he would try very hard to exclude me in any way possible as he has been doing so since he remarried and started a new family. I live in PA and cannot easily go to the courthouse in person. Thank you for any and all assistance!
2 Answers from Attorneys
Re: Questions about my grandmother's will
The will can be reviewed at the court house
Re: Questions about my grandmother's will
I cannot advise about Florida law, since I am not licensed there.
Based on legal procedures in PA and NJ, you may try calling the courthouse or other office where wills are filed to ask for a copy of the will. There may be a cost for copying. You may also ask whether or not you should have received notification that the will was filed, and also ask about the will contest - who is contesting, who are the attorneys for each party.
You may ultimately have to get a lawyer in FL to represent you, if you have a claim. However, no one is required to leave any inheritance to any other person. People who have rights as heirs under state law may seek to get their statutory [provided by law] share. If the will left assets only to your grandmother's spouse or children, you probably would not have a right to inherit.
To reassure yourself as to your rights, you should contact a Florida lawyer.
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