How can you findout if there is a will?

[JOEYBELLO]

What is the name of your state? New York

I have another question. If someone does not come foward and probate a will is there no way to know if someone had a will when they died? Is there anyway to findout if a living person has a will?

From watching TV and stuff I always thought that a will was held by an attorney or someone and it HAD to be brought foward. From what I am understanding now is it does NOT have to be brought foward?? Why have a will then?

If say My father left me everything he had but my mother held the will and she knew this she could not bring the will foward or lose or destroy it so she got everything? This makes no sense to me. If it is in the interest of the person holding the will to lose it or never bring it foward that is legal?

Are a copy of the will or some record not at the lawyer or whoever makes the will? I am very confused with the will basics.

Help please.

 

[Farfalla]

You need to look up the laws in the state in question to see how they handle Intestate Estates.

For example in Florida the spouse gets the first $60,000 and 50% of the remainder. The direct descendants (children) get the rest.

In most states a will has to be probated within 10 days from death or it is considered not to exist.

We are sarting the process over something similar in Florida... Looks like we need to take to the probate court. That might be where you need to start too.

 

[anteater]

In most states a will has to be probated within 10 days from death or it is considered not to exist.

Put simply, that is not the case. There is no state with that kind of provision. Some states do have a maximum time within which testate probate must be opened. The shortest time period I am aware of is one year. Most are much longer on the theory that it is better to follow the deceased's wishes, even belatedly, than to default the distribution to the state's intestate succession statutes.

What you may be thinking of are provisions that require a custodian of a will to provide it to the court or the nominated personal representative within a certain period. However, if you look at the penalties for failure to do so, you would find that the penalties are essentially non-existent. An interested party would need to show that some damage was incurred by the failure of the will custodian to present the will. That is a tall task.

Think about it in practical terms. If there were such requirements, probably 99% of the wills submitted for probate in this country would be declared invalid.

 

[JOEYBELLO]

I did read something on the website for Pinellas County about 10 days to produce the will. I think it was saying the holder of the will has 10 days to produce the will or they get in some kind of trouble- not that I can't force them to probate the will.

Put simply, that is not the case. There is no state with that kind of provision. Some states do have a maximum time within which testate probate must be opened. The shortest time period I am aware of is one year. Most are much longer on the theory that it is better to follow the deceased's wishes, even belatedly, than to default the distribution to the state's intestate succession statutes.

What you may be thinking of are provisions that require a custodian of a will to provide it to the court or the nominated personal representative within a certain period. However, if you look at the penalties for failure to do so, you would find that the penalties are essentially non-existent. An interested party would need to show that some damage was incurred by the failure of the will custodian to present the will. That is a tall task.

Think about it in practical terms. If there were such requirements, probably 99% of the wills submitted for probate in this country would be declared invalid.

 

[Dandy Don]

New York law is completely different from Florida law, so you can not use Florida law as a basis for any decisions in your situation. If you have any doubt consult an attorney now.

 

[JOEYBELLO]

New York law is completely different from Florida law, so you can not use Florida law as a basis for any decisions in your situation. If you have any doubt consult an attorney now.

She was living in FL at the time of her death so would it not fall under FL law?

 

[anteater]

Yes, Florida law would govern.

You now have two threads going regarding your grandmother's estate in Florida. You should keep all your questions and responses in one of them to avoid confusion.

https://forum.freeadvice.com/showthread.php?t=415932