Legal Question in Wills and Trusts in Florida
wills
My mother died recently and for reasons unbeknown to me, she left me out of her will. This was told to me by the executor, as I haven't seen the will myself. Do I have the right to be at the reading of the will, or have a copy sent to me, as I live in another state?
3 Answers from Attorneys
Re: wills
The reading of the will is a fiction seen on TV. You have no absolute right to anything. If the will is being probated, the proceedings can be checked to see what is going on in the case, and you can act accordingly.
Re: wills
I'm sorry to hear about your problem. The "Reading of the Will" is something that doesn't really happen in real life. It only occurs on T.V. If you are not listed as a beneficiary in the will, then you are not necessarily entitled to see it. You can easily get a copy of it by hiring a attorney; having him or her file a Notice of Appearance in your mother's probate case; and then having him or her file a Request for Copies and Notice. If the Personal Representative's attorney does not send you the will still, your attorney can obtain it for you from the Clerk's Office. Normally, it costs $1.00 per page to obtain court records from any Clerk's Office in Florida.
Re: wills
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.
There generally is not a formal readin of the will. That is something that usually only happens in tv and movies but not in real life. You should be able to obtain a copy of the will from the Personal Representative or the court. If you get it from the court, they will charge a copying charge which is usually $1.00 per page.
Scott R. Jay, Esq.