Legal Question in Wills and Trusts in Florida
Is there time limit to settling my grandparents will?
Both of my grandparents, from Florida, passed away this last summer and fall. My uncle has been put in charge of their will. He says that he wants to sell their house before settling the will. He also wants to wait until the market is better to put the house up for sale.
Is there a way that we can speed things up, and is there a way that I can get a legal copy of the will now? He seems to be very confidential about the whole thing and says that my grandparents do not really have any money left or put away...which I believe is a lie. My grandfather had stocks, life insurance, etc.
My uncle is a CPA and I believe that he may be tampering with the will. My mother tried to get the lawyer's name who dealt with my grandparents while they were alive, but my uncle will not give the name to her.
Is there anything I can do, and what steps would I need to take to receive what my grandparents left me?
Thank you in advance for your time and your help.
2 Answers from Attorneys
Re: Is there time limit to settling my grandparents will?
You can contact the probate court in the Florida county where your grandparents resided. They should be able to tell you if probate has been opened. They will, for a small fee, make a copy of the probate file and send it to you. A Will, if filed for probate, is a public document and should be in the probate file. Of course, if you live near by you can just go to the probate court and they will let you review the file. You may want to retain an attorney to do this and provide you with an opinion of your options.
Re: Is there time limit to settling my grandparents will?
The will is a public document that will have been filed in the Circuit court where the will is being probated (probably where they died). You are entitled to a copy of it. The personal representative (your uncle) is required ubder the law to file an "inventory." You are entitled to a copy of it. It should list all the assets of the estate.
Usually, life insurance proceeds are NOT assets of the estate. They are contract that, upon the death of an individual, require the life insurance benefits to be oaid to the designated beneficiary (usually a person, and not the estate).
The will and the inventory will describe what ou can expect -- although the claims (debts) of the estate must be paid before the assets are distributed to the beneficiaries under the will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
