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darryl d'andrea

Guest
I am in Florida. Basically this is the question. My wifes mother recently passed away.One of her daughters lived with her and helped her conduct her business. Since her mother has passed there has been no mention of a will. It looks as thought the one daughter has automatically assumed control of the estate.
Question: How do we see if there was a will?
Do we have a right to a copy of any will?
If no will exsists does the estate automatically go to probate court.
 


ALawyer

Senior Member
Ask her.

If there is no Will then the property HELD IN HER NAME would be split among the surving children (and if she had deceased children, her grandchildren of the deceased children).

It may be that the property was gifted before the death or held in a living trust so it would not pass by a Will.

Also, don't go ballistic and create an irreparable family fued if everything was / is not divided 50-50. There is truly something to say for the caregiving child getting a greater share of a large estate or the few assets of a small estate.
 
A

advisor10

Guest
11-28-2000

Be sure to check at the county courthouse of the city where the person died. Ask the PROBATE RECORDS SECTION to check to see if a will has been filed yet (you will need to furnish the dead person's name and month and year of death).

There may be no official length of time for a will to be FORCED to be filed, as it takes anywhere from a few months to a year to take care of a person's financial matters and debts. But you can bet that if the daughter who took control has any benefits coming from the will, then she will file the will in proper time so that she can receive her payout. Be patient. If she has a good attitude and she is supposed to notify other beneficiaries (if there are any), then they will probably be receiving their notices by postal mail.

You must be prepared to accept the possibility that there may be no will and no assets. If you happen to know the bank where she conducted business, you might be able to make inquiries there to see who has dealt with her account.

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