Legal Question in Wills and Trusts in Florida

Who has the right to view a copy of a Will?

Since my Aunt (Executor & Beneficiary of deceased Grandmother's Estate) refuses to Probate or disclose terms of G's Will, (1) can any family member, beneficiary or not, request a copy of the will, and (2) since simply asking is not working, what is the next smart move without vaporizing remaining family ties?


Asked on 9/20/07, 11:44 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Who has the right to view a copy of a Will?

As a potential beneficiary, you can obtain an order to produce.

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Answered on 9/20/07, 12:43 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Who has the right to view a copy of a Will?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This sounds very similar to an earlier question which was posted (perhaps by you). You need to get the rest of the family together and file the estate. Choose a memeber of the family to serve as the Personal Representative and let the court appoint that person. The Personal Representative will then be able to file a motion and get the aunt to produce the will for probate.

Scott R. Jay, Esq.

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Answered on 9/24/07, 12:27 am


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