I need to file a Rule to show cause petition in the Florida Courts to obtain a copy of my mothers will he is holding to which I am entitled as I am challenging this will which I believe was changed through undue influence, the case in question is in Naples,Fla I live in Colorado and I need a copy of this will to which I am entitled and the lawyer is holding on to it and despite 3 requests will not release it
Answered on: 6/17/11, 4:37 pm by Sanford M. Martin
Based on the facts described in your inquiry, you are likely an interested person in any probate action involving your mother's estate which would entitle you to a copy of the will. However, your specific question is not clear. Do you need assistance in drafting a show cause petition? Why is the lawyer reluctant to provide a copy of the will? If the estate is being administered in probate, has the court appointed a personal representative and is the personal representative represented by the described attorney? Advice: especially since you live in Colorado, if you desire to review and perhaps contest the will, you will benefit by being represented by an attorney.
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Sanford M. Martin, P.A. P.O. Box 110554 Naples, FL 34108-0110► Other answers from this attorney