mother dies leaving me nothing

[NursingStudent2]

What is the name of your state (only U.S. law)? FL

My mother passed away in 2006 in the state of FL. She was never remarried but had a boyfriend for about 8 years. I am her oldest daughter and next of kin. I was wondering if I want to see the will does he have to show it to me. From what my mother told me it was planned that whoever died first would get everything and in the event that they died it would be split between the four children. Everytime I ask to see the will he threatens to cut me out of it and I don't want to ask him if its possible for him to do that. He has cut off all ties with my sister and I and its fair to say I want whats mine. Please help me!

 

[justalayman]

your mom died at least 3 years ago and nobody has probated the estate?

 

[anteater]

He does not have to show the will to you. Have you checked with the probate court in the county in which she resided to see if probate has been opened?

If not, what you can do is to petition the court to compel the boyfriend to produce the will so that probate proceedings can be opened.

732.901 Production of wills.--

(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator's date of death or social security number to the clerk upon deposit.

(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will as provided in subsection (1). All costs, damages, and a reasonable attorney's fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.

Here is your dilemma. If your mother's will left all her assets to the boyfriend, then they become his assets and the boyfriend is free to leave his assets to whomever he chooses.