Florida Wills and the Right to Privacy

Are Florida wills public record? Do you think you have a good reason to seal information in your Florida will? Is it easy to seal the contents of a Florida estate? Does my right to privacy protect me from having to make the contents of my Florida will public?

Right to Privacy in Florida Trust and Estates Lawsuits

• Florida’s Constitution clearly recognizes a right to individual privacy.
• This right to privacy is very relevant to Florida trust and estates cases.
• How so?
• In probate litigation, trust attorneys Boca Raton frequently encounter situations in which their clients wish to keep something private.
• For example, many people wish to keep their financials confidential during a probate lawsuit in Palm Beach.
• A Third DCA case , Rousso v. Hannon, demonstrates the importance of knowingwhether a privilege applies in Florida probate litigation, or whether you can obtain private financial records.
• Probate lawyers West Palm Beach know that having this knowledge can be an extremely useful trial strategy in trust and estates litigation.
• Another recent case regarding a person’s right to privacy involves celebrity Hulk Hogan, former pro wrestler.
• However, does the right to privacy enable a person to keep their Florida will or trust private?
• Isn’t a Florida will public record?

A Will is Not Always Public Record

• In Florida, when a will is filed for probate, it is usually accessible to the public.
• What does this mean?
• Florida trust and estate litigators know that you should be able to obtain a copy of the will from the Florida probate court where the will was filed.
• What if the will was never filed for probate with the Florida court?
• It is not public record and restrictions, as indicated by provisions of the Florida Probate Code, apply regarding who can have access to the will.
• What if a person’s will has been filed for probate but they want it to be sealed?
• In some very rare cases, predominately cases involving celebrities, Florida probate court files can be sealed.
• However, this is a very difficult task that requires assistance from an estate probate attorney.
  

  Want to know more about Florida probate litigation? Consider these free resources:

  • • Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
    • Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
    • Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
    • Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
    • Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
    • Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
    • There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml