Legal Question in Wills and Trusts in Florida

Requesting a will

I live in Michigan and my birth mother just passed in Florida,

I am her only son by birth. I requested a copy of her will and her newphew, who was living with her, said he would send me a copy. Its been over two weeks and two calls to him requesting this. Do I have any legal actions to obtain a copy.

Sincerely


Asked on 4/25/05, 11:03 pm

2 Answers from Attorneys

Re: Requesting a will

If the will is filed in probate court it becomes a public record and anyone may have a copy of it. At this point do you even know for sure that there is a will? If you are having trouble speaking to your nephew you mght ask if he has retained an attorney to assist in probate and then speak to the attorney. If you believe you are listed in the will or if you think there is no will, and probate has not begun, then you might want to contact an attorney to start the probate process yourself.

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Answered on 4/26/05, 6:39 am
Blake Lipman Law Office of Blake P. Lipman

Re: Requesting a will

When you say "birth mother" do you mean that you were adopted by someone else? If so, you probably don't have standing to intercede in the probate of your late "birth mother's" estate. If you were not adopted, and your "birth mother" never renounced her parental rights, you can petition the court as an interested person in the estate in order to begin a probate. If a probate has already been started, you are entitled to notice of all proceedings. You should appear at the next hearing and demand that any existing will be submitted to probate. For more info, please contact my office at (248)851-3171.

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Answered on 4/26/05, 9:12 am


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