Legal Question in Wills and Trusts in Florida

lost will

My father died in 1985. He left to my sister, stepmother, and myself, equal ownership in property that he had inherited from his father. My step-mother recently died. My stepmother's sister is the only one who has had access to her belongings. The sister said that she hasn't been able to find the will.Wonder if she did find it and learned that my stepmother did leave the property to my sister and myself. If there is no will then my stepmother's sister gets the property. My father did specifically ''request'', in his will, that my stepmother leave her share to us. My stepmother was meticulously efficient and well organized and she worked for attorneys her entire life. I know there is a will. What to do?


Asked on 11/16/01, 2:37 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: lost will

Under the law, if an original will cannot be located, it is presumed to have been destroyed. If there is no will, your step-mother's legal heirs are entitled to inherit her property. If you/sister and step-mom inherited equally from your father, then step-mom's estate can only dispose of her share of the property; this should not affect the part you would have inherited. Are you certain your step-mom's will would have named you and your sister? She was not bound by your father's will, and she would have had the right to change her will at any time before her death. If you would like to discuss this matter further, please contact me at [email protected].

/s/ Monica Donaldson

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Answered on 11/16/01, 11:21 pm


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