obtaining copy of deceased's checks

[sagethyme]

What is the name of your state? Florida
My uncle died 2 years ago in the state of Florida. My mother is his step sister and next of kin. They were very close although she lived in another state. She was the one who was athorized to sign the affidavit for the funeral home etc.

She finally got a copy of the will and had expected to be named as a beneficiary but she was only listed as the second beneficiary in the case of the first beneficiary's death. There was also a third beneficiary listed in case my mother died as well. The problem is that the third beneficiary was my uncles dead sister. She had died 2 years before the will was made. Both the first beneficiary as well as my mother had their relationship to my uncle identified in the will where as the sister did not, it just listed her name.

The first page of the will hasn't any signatures or dates but the second and third pages have both. The first page of the copy of the will I got from the court house looks a bit different than the other 2. The margins are different and if you study the typeface under magnification you can tell that it is a bit different. I think that it may have been changed out. What I want to know is can my mother find out what bank held my uncles checking account and request copies of the checks he wrote. We want to see if we can figure out who made the will and any other information as well. Could she see his charge account information as well? Any suggestions or advice?

Sage

 

[BlondiePB]

What is the name of your state? Florida
My uncle died 2 years ago in the state of Florida. My mother is his step sister and next of kin. They were very close although she lived in another state. She was the one who was athorized to sign the affidavit for the funeral home etc.

She finally got a copy of the will and had expected to be named as a beneficiary but she was only listed as the second beneficiary in the case of the first beneficiary's death. There was also a third beneficiary listed in case my mother died as well. The problem is that the third beneficiary was my uncles dead sister. She had died 2 years before the will was made. Both the first beneficiary as well as my mother had their relationship to my uncle identified in the will where as the sister did not, it just listed her name.

The first page of the will hasn't any signatures or dates but the second and third pages have both. The first page of the copy of the will I got from the court house looks a bit different than the other 2. The margins are different and if you study the typeface under magnification you can tell that it is a bit different. I think that it may have been changed out. What I want to know is can my mother find out what bank held my uncles checking account and request copies of the checks he wrote. We want to see if we can figure out who made the will and any other information as well. Could she see his charge account information as well? Any suggestions or advice?

Sage

You never mentioned whether or not the first beneficiary is still alive. Your mother can file a claim against the estate if she paid for the deceased's funeral, whoops...first check whether claims can still be made because it's been 2 years. Your mother does not have the right to request information about bank accounts without hiring an attorney in FL to subpeona records.

Due to privacy issues, FL courts have stopped the viewing of so many documents on-line, including wills. Your mom can have the court send her a copy for a nominal fee.

You can read FL's probate statutes under Estates & Trusts at www.flsenate.gov/statutes

 

[sagethyme]

Thank you for the response.
The first beneficiary is alive and if the will were changed this is the person who would have done it. I am not making a claim against the will I would make a claim of fraud and I do not know the statue of limitations on fraud in Florida.We have been able to view the documents online and I have received a copy of the original will (not a scan) from the courthouse. The will was filed with the court more than 30 days after his death. The funeral home received a copy, that did not go before the court, more than 2 weeks after his death. It is too bad that a lawyer has to be hired for a subpoena. No way that she could file for one herself?

 

[Dandy Don]

You did not say so or not, but is probate finished with this estate (I would assume it was).

Your best bet right now is to order a copy of every document in the probate file so you can see exactly how the estate was handled. It may be too late to even contest the will. You will then need to consult a probate attorney or civil law attorney to find out if you have any grounds for filing any type of legal charges against the person.

DANDY DON IN OKLAHOMA

 

[BlondiePB]

Thank you for the response.
The first beneficiary is alive and if the will were changed this is the person who would have done it. I am not making a claim against the will I would make a claim of fraud and I do not know the statue of limitations on fraud in Florida.We have been able to view the documents online and I have received a copy of the original will (not a scan) from the courthouse. The will was filed with the court more than 30 days after his death. The funeral home received a copy, that did not go before the court, more than 2 weeks after his death. It is too bad that a lawyer has to be hired for a subpoena. No way that she could file for one herself?

The website I provided has all of FL's statutes. Yes, she can file a subpeona herself. For records only, it's a subpeona duces. It would very prudent for her to consult with an attorney prior to doing anything.

 

[sagethyme]

Thank you both for your responses, they are appreciated.

In all honesty the only reason the will is being questioned is due to the fact that his sister had been dead for 2 years before it was signed. The funeral home told me that since her relationship was not explained in the will they had no reason to ask about her being next of kin as my mother was identified.

All the documents from probate look fine. the beneficiary told my mother that she had to bring in 2 witnesses. (don't know if this is true) any chance of getting transcripts or do they not do that?