Who is entitled to copies of Will (Florida)?

[CitrusSunshine]

Our father is now deceased after a long suffering chemo treatments and multiple strokes. Prior to our father's demise, he advised the children were getting a sum and special items he had sit aside. At his demise, due to caregiving of other family members his children was not at the funeral. Are we entitled to get a copy of his Will? Is this Will suppose to be recorded? I know that the death certificate was recorded? I also believe the original Will was changed with the agreement between our father and his wife that he would not be placed in a nursing home...Do the children have any recourse to contest this Will, if there is one? If so, is there a time period that in order to do that from the time of death? Thank you.

 

[hannah jo]

From the number of inquiries made recently to this bulletin board, sounds as if you have some very complicated issues about the assets of you parents. Here's info on how you may be able to view any will that existed:

The first place to check is with the probate court in the County of the State where the deceased lived. In almost every case the Will, if filed, will be available to the public.

Anyone can get to see it, and for a modest fee, obtain a copy. If you are far away, a local lawyer or legal service bureau often can arrange to do a search and get a copy for you, at a relatively modest fee.

The fact that a person died -- even if he or she "owned" substantial assets -- does not mean that he or she actually had a Will, or that the Will was duly filed with the Court. In fact, if the deceased held property exclusively through a Living Trust, or a joint ownership arrangement, there may not have been a need to file a Will, because the Trust did not "die" with the individual, and with certain forms of joint ownership, the property usually passes to the other joint owners automatically, by operation of law.

Likewise, a person can chnage his/her will, several times in fact, by either creating a new will or adding codicils to the existing will - so long as the person was of sound mind at the time and the new documents meet the statutory requirments. Any will supercedes verbal "gifts" or designations made by the decedent - so if promises were made orally and not in the will, the promises may not have any validity.

You should really contact an attorney and have him/her assist you as you express many concerns about the assets of your parents.


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Please note that these comments do not constitute legal advice. It is always recommended that you consult with a local attorney, who can explore all the facts and issues of your specific situation and then advise you of any legal rights and remedies you may have under the current laws of your jurisdiction.