Legal Question in Wills and Trusts in Florida
Will/trust--right of beneficiary
My brother died here in FL in May 1999. He wanted me to have his watch. His daughter, my niece, who is his personal representative, refuses to give me the watch. Her attorney has not been responsive. What do I do? I know he left a will or a living trust.
I would appreciate your assistance.
1 Answer from Attorneys
Re: Will/trust--right of beneficiary
If your brother left a will and his daughter has already been appointed personal representative, then that will should have been filed with the probate court in the county where the probate action has been filed. Most likely the county where your brother died. As court filings are public documents and you should be able to see the will if you are willing to go to the probate court and ask to see the file. Is that a possibility for you? If this watch goes to you under the will, then the daughter as personal representative has an obligation to safeguard the watch and you have a legal right to the watch. You can find me at www.FLProbate.com if you need more information or further assistance. In addition, if you were named in the will you should have been sent a copy of the probate petition and a copy of the estate inventory.