Legal Question in Wills and Trusts in Florida

will and probate

my mother in law passed away 10 months ago and my husband requested to see the will, but his sister never gave him one.

each grandchildren received $1500.00 last week,what will we do to see the will?


Asked on 6/20/07, 12:37 pm

3 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: will and probate

If you are in Washington, call or go on line to the Superior Court (look for the directory at www courts dot wa dot gov) in the County where your mother resided at the time of her death.

If this is a small county, you might be able to do this with a phone call - in the larger counties, you may need to go to the courthouse, to the clerk's office.

Ask for the probate file. Use your mother's name and date she died as a reference point. If there is nothing there, check with surrounding counties.

The death certificate will state where she lived at the time of her death.

If there is a will, and a probate was opened, you are beneficiaries and should be provided notice of the pendency of the probate.

it is weird that instead there was a bequest. Sounds as though you were suprised by it.

Sounds like you want to know what the will says. It is public record. The clerk can charge you to make copies, but you can review it.

Hope this helps. Elizabeth Powell

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Answered on 6/21/07, 2:11 am

Re: will and probate

You can contact the probate court in the Florida county where your mother in law lived. If there is a probte case there, the court will send you a copy of any will that has been filed with the Court. The court will charge you a small fee for this service.

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Answered on 6/20/07, 1:15 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: will and probate

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 nformation, 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.

The developer might be willing to take back the unit with a Quit Claim Deed. You will need to call them up and speak with the company if units are still being sold by them.

You should contact the office of the clerk of the court in the probate divison in the county where your mother in law passed away. For a nominal fee you should be able to obtain a copy of the will if you are a named beneficiary. Failing such, I would write to the office of the judge handling the file and express your concerns. The judge may instruct the attorney for the estate to send you a copy or have his/her staff provide information how to do so on your own.

Scott R. Jay, Esq.

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Answered on 6/21/07, 7:40 pm


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