Legal Question in Wills and Trusts in Florida

refusing to probate a will

My father lived in Fla 7 yrs upon moving from Puerto Rico.He bought a condo and because of bad health, my sister moved in with him 2 years ago. He died Dec 5th.He had a will which named 7 children and divorced wife to share in his condo.no other major assets nor monies involved.our sister refuses to produce the will stating she deserves the condo because of her living and taking care of him.our mother agrees and will not contest this matter.the condo is in his name only.what recourse do the remaing siblings have? condo is worth approx 200,000.


Asked on 1/08/03, 2:23 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: refusing to probate a will

I can't give you any idea about Florida law since I am not licensed to practice there.

If it is anything like New York, you and your siblings have a right to ask the Surrogate to order that the Will be produced.

You probably need a lawyer in Florida.

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Answered on 1/08/03, 8:53 am
Walter LeVine Walter D. LeVine, Esq.

Re: refusing to probate a will

I suggest retaining a Florida attorney (I can refer you to one if you want), to get the Probate Court to issue an Order to produce the Will for probate. Be aware that your sister will probably put in a claim for services as his caretaker which, if accepted, would reduce the value you would receive if the property were sold. Some people may disclaim their interest if they believe the claim for services is legitimate (like your mother), but that doesn't bind you to any such agreement. E-mail me if you need the name of a Florida attorney (telling me where and what county the Condo is located.

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Answered on 1/09/03, 1:02 pm


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