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Florida Wills and the Right to Privacy

Uncategorized Jul 14, 2016
post about 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: