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Named in Will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pakaplan

Junior Member
What is the name of your state? VA.

Hi. An Uncle (resident of Florida) had told me that he had a provision in his will leaving my brother and I $5,000 each. Upon his death, my aunt and cousin were executors of his estate but they did not tell us anything about this provision nor that he had a will. We are not sure the will was ever filed. Is there anything we can do to claim what we think our uncle wanted us to have? Thanks.
 


Dandy Don

Senior Member
When did he die?

If you know what city he died in and what county, check that county's website to see if a will has been filed for him. If you can't find that website, mention what the county is here so I can get you their address and phone number.

Do you know whether this aunt or cousin had power of attorney over his financial affairs? They may have gotten control of the money that was supposed to go to you before he died through the power of attorney.

You can consult with a Florida probate attorney to open up probate so the judge can ask them to produce the will if there has been no probate action.

DANDY DON IN OKLAHOMA ([email protected])
 

pakaplan

Junior Member
Thanks for the reply Don. My uncle died in Broward County, FL, in 2002. I checked Broward's website and did not find a filing. Since my uncle was going to set up a trust fund in his will for one of his children (recently deceased), we assume he actually had a will drawn up at some point. Is it possible the will was drawn up and not filed? If so, what could we do if my aunt and cousin say there was no will 9so they would not have to part with the $10,000? I know my aunt said that all of her assets were in a living trust, if that helps you in any way. We believe the surviving cousin his pulling the strings now and he won't part with a dime if he doesn't have to!
 

Dandy Don

Senior Member
He probably did put the assets in a trust. You need to be consulting a Florida trust attorney to find out if Florida law gives you the right, if you think you are a potential beneficiary, to request a copy of the trust and an accounting statement by asking the trustee (or having your attorney ask on your behalf) for this information by certified letter. Only problem is you don't know who the trustee is--I guess you would assume that it either the aunt or the cousin.

If you think they are deliberately withholding the will ask a probate attorney if you could file to open up probate and have the judge ask the aunt and/or the cousin to produce the will for probate court if they have it.

DANDY DON IN OKLAHOMA ([email protected])
 

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