Legal Question in Wills and Trusts in Florida

personal representative was not notified

my father passed away 6 months ago his will has not been filed or probated and my sister called the pr two days ago , she had no idea she was the pr on my fathers will. my stepmother is the holder of the original. my fathers estate is substantial he owned a business at the time of his death and had other lucrative assets. my stepmother informed my fathers children she gets everything. but i would really like a judge to deem the will valid. any advice would be helpful at this point. also the will is not consistant throughout. it talks about my father being of sound mind and over the age of 21 on the top page and on the back page it states the testator being of sound mind and over the age of 18. the signatures on the top 2 pages which give away everything to her, do not match the back 2 pages which are only witnessed pages. I am worried my fathers will may have been manipulated , much at stake here . he was diagnosed with cancer in march of 2008 and died 2 months later.

Asked on 1/02/09, 1:00 am

1 Answer from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Re: personal representative was not notified

Someone holding a will is required to file the original. If she refuses, the court can require it. Get a lawyer to get the will filed so your father's wishes can be carried out.

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Answered on 1/02/09, 9:37 am

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