Winter Park, FL asked in Probate for Florida

Q: My sister passed earlier this year. Now my mother passed away this month. We are unable to obtain a copy of my mothers

will. We were told first that the property would get divided among her (my mothers) surviving children, now were being told that we have to include my sisters children. Is this correct? I'm talking about my mother. My sister passed in April and my mother in September. We have not been able to find a copy of my Mothers will. We have been truing to find the lawyer who wrote it up.

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3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Since you reference that both your sister and your mother has passed away, you need to clarify which of the two probates you are talking about? your sisters or your mothers. The answers can be different for each.

Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If your sister predeceased your mother, there may be a provision in the will that directs distribution to your sister's children. It's not uncommon. Does the person telling you this have a copy of the Will they can furnish to you?

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your loss and the technicalities you have to handle now. If your Sister left any assets, you would need to probate her estate and then your Mother's Estate. If you cannot find a Will for your Mother, her assets would be distributed according to Florida law. It does not sound like your Father is still living, so most likely your Mother's Estate would be divided among her children in equal shares. Since your Sister passed, her children would share her share. You will need to hire an attorney to file your probate, so you will want to discuss the details and your family dynamics with them to be sure you request the proper distribution. Best of Luck! Jennifer

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