Legal Question in Wills and Trusts in Florida

Right to see will

My father, a Florida resident, died in Crystal River on April 7, 1999 after an extended illness.

We asked his wife to see a copy of his will. She refused to show us a copy although my father had told me several times that I, the elder daughter, was the executrix.

Do a father's natural daughers have the right to see their father's will under Florida law? Must the will be filed in his resident county or could it be filed elsewhere?

Thanks for any help.


Asked on 10/19/99, 7:11 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Can Step-mother refuse to show Will?

Facts: Father died; daughters asked his wife to see will. Step-mother refused to show copy.

Q. Do a father's natural daughers have the right to see their father's will under Florida law? Must the will be filed in his resident county or could it be filed elsewhere?

A. Probate takes place where he lived. Probate is necessary to pass legal title to something after creditors are paid. If there is no need for probate, then it may not be done. A Will is supposed to be filed for "safe keeping" or probate within ten [10] days. Your Dad should have sent you a copy while he could. Now you are going to have to get your Step-mother to be nice or otherwise you will have to prove there was a will and what was in it. Contact the Sheriff and report the matter if you can' get anywhere with your step-mother. Contact all the attorneys in the county [if you don't know who he may have used] and ask them if they did his will.

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Answered on 10/21/99, 5:34 pm


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