Legal Question in Wills and Trusts in Florida
how unusual is it in florida for a stemother to not produce a will upon a fathers death? we were casually told that everything would stay with her and then upon her passing the estate would pass to the sons. always thought it odd that no will was at least produced.
3 Answers from Attorneys
Within 10 days of death, the will should be deposited with the clerk of court probate divison in the county where your father passed away. Give the probate department a call to see if it has been deposited.
Her behavior is relatively common.
YOu might try checking with some of the estate planning attorneys as well to see if he even did a will. Sometimes the attorney will hold the original and sometimes the will is filed in the county courthouse where the person resides.
Not unusual, but by law the will must be filed in the court of the county where your father lived within ten days. You can have an attorney send her a letter and take further action to compel the filing of the will. Once it is filed, you can get a copy of the will from the court. You may need your own legal representation. Regards,
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