Orlando Sentinel, April 20, 2009Question:
My mother, who was living in New York, passed away about two years ago. She made my sister executor of her will.
My sister has refused to share the contents of the will with my brother and me, and we don’t know what lawyer prepared it. What can we do to obtain a copy of my mother’s will?
D.C.
Orlando
My mother, who was living in New York, passed away about two years ago. She made my sister executor of her will.
My sister has refused to share the contents of the will with my brother and me, and we don’t know what lawyer prepared it. What can we do to obtain a copy of my mother’s will?
D.C.
Orlando
Answer:
Each state has its own laws regarding wills, which means you will need to contact a New York lawyer for more advice.
However, if this were a Florida resident’s will, the person possessing the original will has a legal obligation to deposit it with the local clerk of court within 10 days of learning that the maker of the will has died. The will is then a public record that can be viewed by any interested party.
If a person holding a Florida will refuses, or otherwise fails to file the will with the appropriate clerk of court, you can file a petition with the probate court to compel the filing of the will. The person who refused to file the will may be forced to pay the petitioner’s attorney’s fees and costs if the court finds “no just or reasonable cause” to excuse that person’s failure to deposit the will.
Visit our website for more information on this subject.
Each state has its own laws regarding wills, which means you will need to contact a New York lawyer for more advice.
However, if this were a Florida resident’s will, the person possessing the original will has a legal obligation to deposit it with the local clerk of court within 10 days of learning that the maker of the will has died. The will is then a public record that can be viewed by any interested party.
If a person holding a Florida will refuses, or otherwise fails to file the will with the appropriate clerk of court, you can file a petition with the probate court to compel the filing of the will. The person who refused to file the will may be forced to pay the petitioner’s attorney’s fees and costs if the court finds “no just or reasonable cause” to excuse that person’s failure to deposit the will.
Visit our website for more information on this subject.
Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.
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