Legal Question in Wills and Trusts in Florida

Re: Get to read will?

You have the right to request (or demand)(or, if necessary, fight for) a copy of the Will.

The Will can not be administered either in Florida or New York unless you are notified of the proceeding.

You have rights in the estate of your parents. On the other hand, your parents have the unfettered right to disinherit you.

In all events you have a right to see the Will.

Re: Get to read will?

Calling the probate clerk of the Court where the decedent died should enable you to get a copy of the Will, if it has been probated (there may be a small cost). If the deceased is a step-mother, there may be no legal rights to share in estate, unless the step-children are mentioned in the Will. If they are natural children, they may have rights, and the probate clerk can explain them to you when you call. Anyone mentioned in the Will has the right to receive a copy from the Executor after he/she is appointed.

Re: Get to read will?

There is no legal requirement remaining

in either New York or Florida that a will

be read. There is a new requirement that

a copy (the wonders of xerox copying) of

the will be given to all distributees

All children are, under New York and Florida

law, distributees and would be entitled to

a copy of the will.

The real question is "who has the will"?

Normally, a draftsman attorney keeps the

will, and sends copies to all interested

parties after the funeral and a brief

period. If it was filed in Court, which

is out of the ordinary, a copy could be

obtained from the Court. This is the

real area of inquiry. Whoever has the

will must either surrender it to the Court

or the nominated Executrix. They would

also keep copies so it could not be destroyed.

Thus, there is a lot more work to be done

and counsel should be retained.