Legal Question in Wills and Trusts in Florida

Will wasn't probated

My father passed away oct. 2006. He lived in Fla. My stepmother didn't probate the will . Their home was in both their names. He had assets; cars, my grandmother's money; she's in a nursing home; and his bank acct. Was this legal? Not probating the will ? Thank you.


Asked on 4/30/09, 12:33 am

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Will wasn't probated

Yes it is. Sometimes there are no assets that need to be administered through probate court, so there is no reason to apply. However, if a will needs to be probated, there is the option of filing a motion to compel production of a will

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Answered on 4/30/09, 8:21 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Will wasn't probated

Depending on what assets there were, it can be perfectly fine not to probate the will. The house for instance, goes to your step mother outside of probate. Your grandmother's money is not your father's -- it's your grandmother's, and therefore not part of the estate.

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Answered on 4/30/09, 9:07 am


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