What if your mother or father passed away, and no one is coming forth with the Florida will ? Well, mostFlorida probate lawyers will tell you that the CUSTODIAN of the Florida will must file it within 10 days of death, according to the Florida Probate Code. What if no one is filing the will?:how do you get your inheritance if there is no Palm Beach probate? Well, ask any Florida probate litigation law firm and they may tell you the following:
Demand that the Florida Will be Filed with the Clerk of Court
- Many times, Florida heirs at law, next of kin, and estate beneficiaries of Florida probates KNOW that their mom or father passed away with a last will and testament, or a simple will in Florida
- Any Florida trust lawyer will tell you that your folks may also have a Florida revocable trust, also called a Florida living trust or even a Florida revocable living trust
- Now, a Florida revocable trust is DIFFERENT than a Florida estate or a probate proceeding
- A Palm Beach probate proceeding, or a Boca Raton estate, is administered, or run by, an executor, what estate lawyers in Florida call a personal representative
- A Florida trust is administered by, or run by, what Florida trust law firms refer to as a trustee
- A trustee is not the same as the personal representative, although many times in Florida estate plans, the trustee of the living trust is the same as the executor or personal representative of the estate
- So, if there is no will, most probate litigation attorneys in Florida will tell you to contact your sister or brother or your folks’ estate planning or probate attorney and make a demand! File the will!
- If there is no will filed with the Delray Beach probate court, or if your sister or brotherrefuse to give you a copy of the Florida will, then you can take matters into your own hands
What if my brother or sister won’t give me a copy of my parent’s will and they won’t tell me what’s in my parent’s will in Florida?
- The Florida Probate Code lets you file your own petition for administration in Florida
- You can file for probate and reveal to the Palm Beach probate court that you demanded that the will be filed and that demand was ignored
- You may be able to collect attorneys fees from the sister or brother or lawyer who has the will but won’t file it
- Should you have a probate litigation attorney or just simply a Florida probate lawyer to help you?
- Do you know the difference between a Florida estate attorney and one who handles Florida estate litigation and lawsuits?
- Probate attorneys Florida often file for probate and open estates
- Probate litigation law firms in West Palm Beach often deal with trials, evidentiary hearings, and the Florida Evidence Code and the Florida Rules of Civil Procedure, as much as the Probate Code
- So, to answer your question of what can you do if your parent’s will is not being filed: you can ask a court to order someone with the will to file it, or, if there is no Florida willproduced, then maybe your mother or father died without a will which means that you, as an heir at law, a child, have a guaranteed inheritance. Congratulations.
- What if there is a will filed, and you get nothing of an inheritance?
- What if you were dis-inherited in the Florida estate?
- Most beneficiaries who are cut out of a Florida will, or a Florida probate, or trust want to challenge the will in Florida probate court by filing a will contest lawsuit, sometimes referred to as objecting to probate
- Want to read the Florida Probate Code for free? here is the link:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Index&Title_Request=XLII#TitleXLII
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