My father was a resident of Florida & passed away of dementia at 94. His will had been drawn up in CT. Can my stepmother be forced to file his will which had been drawn up in CT? I've been told by his CT attorney that he thinks the will which was drawn up 3 years before he passed was his final will. I have a copy of that will. My stepmother says everything was left joint with her or her as beneficiary. I discovered 2 different equities worth a total of about $45K which shareholder services said were solely in my father's name with no beneficiaries. One of the equities claims that the shares will be escheated to the state at the end of the year if they are not transferred. In the will my stepmother gets all of his tangible property. The rest is split giving 1/2 to her and the other half to me and my two siblings. My stepmother claims she knows nothing about beneficiaries, which is not truthful as I know she has already cashed in life insurance policies, etc. She knows about these equities as well. She is very manipulative.She claims her FL atty is handling everything. I have his supposed name.Will has not been deposited with Fl. probate yet. I can't find an atty. to advise me.
You need to locate an attorney who handles probate in Florida. You need to do that soon, so that timely choices can be made as needed. There are plenty of attorneys to choose from in South Florida. The question you asked is too complicated to provide any serious answer on this type of forum. Best of luck. ABG.
Another solution is that you can file the probate yourself. If you believe that the copy of the will that you have is the valid last will of your dad then you can start the probate yourself using three copy which will force her to defend if she says that there is a newer will. (Pronating a lost will is complicated but it will cause her to have to take some type of action.
Also under Florida law she is required to deposit the original will with the court with 10 days.
I suggest that you need to hire a probate attorney to asssist you with sending the letter to deposit the will and then the probate.
Sorry to hear your stepmother is being uncooperative and less than transparent. The good news is that you don't need your stepmother to probate his will. You can begin this process yourself - even if you only have a copy of what you believe to be his last will. You can also ask the court to be personal representative (the person in charge of administering the estate and handling your father's affairs). Depending on what the will says, your stepmother may have preference, but that doesn't mean you can't be put in charge, if she is unwilling to probate the estate. Based on the tone of your post, it seems that you will need to take action if you wish to pursue and protect assets that you have a right to. If a probate case has been open already, and your father's will has not been deposited, it's even more important that you act quickly. You will need an attorney to help you (Florida law requires an attorney for this type of probate case). I always suggest people get a free consultation with a couple of attorneys to determine the best fit. If cost is a concern, you may wish to inquire about "flat fees" when you have your consultation. Flat fees are more predictable than hourly fees because you are charged a set amount for the case as opposed to being charged for every hour your attorney spends working on your case. Hope that helps answer your question.
This is a very complex question, which should be reviewed by an attorney representing your best interests. I would suggest contacting an attorney to review the Will and discuss this with you. As the other attorneys have stated, you can file the probate if she is refusing to do so.
I am surprised that you are having difficulty finding an attorney. Unless you have only been seeking to speak with one today in WPB as we prepare for a Category 5 hurricane, I am sure you will find excellent legal counsel if you wait until after the storm blows over. Good luck with your endeavors!
I am sorry for your loss and the unfortunate drama that has followed. Your situation is more complicated than can be explained in a web post, but generally, a probate would be appropriate in Florida. If there is a Will, the Will should be deposited with the Court and the Court can decide if it meets the statutory criteria for Wills in Florida and/or is valid. If your father left less than what is statutorily provided under the Florida Statutes, you can contest the Will and ask for the statutory distribution. You would really benefit from reviewing your documents with an attorney so you would know exactly what your options are and what you may or may not be entitled to. Best of Luck! Jennifer
I am sorry for your loss. Anyone with a potential interest in an estate can petition to open a probate. If the Will says stepmom is the executrix (Personal Representative or PR in Florida), she may file to open the probate, but if she has not, you can find an attorney to file a petition to have you appointed PR. If stepmom objects then she will have to open the probate. Retain a lawyer, have him contact the stepmom's purported attorney and confirm she/he is not filing the Will and probate and then you can go ahead and file. IF the other attorney says he/she will file, find out when and file a request to receive copies of everything that's filed and object to anything you think is incorrect.
