Legal Question in Wills and Trusts in Florida
will
Our father recently passed away in florida. Our stepsister lived with him. She has in her posession a document she says is a will leaving everything to her but refuses to show it to us, his 3 biological daughters. Do we have any rights? Is there anything we can do? We all live out of state.
2 Answers from Attorneys
Re: will
The Will does not have any legal effect until it is offered to Probate in the proper Court. Once the Will is offered, notice should be sent by the Court to notify all heirs about the Will, even if they are not given any bequest in the Will. Once offered to Probate the Will contents and provisions are public. Therefore, there is no legal reason why the stepsister should refuse to show you the Will, since it will be available to you once filed with the Court.
If she is not truthful and there is no Will, then someone needs file a petition to administer the estate without one. If you do this, it may force her to file the Will.
She should file the Will because most State's Probate laws require anyone with a Will to turn it over to the Court.
Re: will
Someone in possession of a will is REQUIRED by law to file it at the courthouse after the person dies.
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.
