Q: My Dad just passed am I entitled to a copy of his Will and living trust?
His live in Girlfriend is named as trustee in his living will with myself being 2nd Trustee. I along with my siblings and his Grandchildren are all named in the will. His Girlfriend claims she does not have to give me a copy stating it is Personal between her and my Dad. It was drawn up by and Attorney so I am positive there are other copies, should I just get a copy from him? We all reside in the State of Florida.
A: Right, you may be able to get a copy from the attorney, In any event, you should consult with an attorney to determine if it necessary to file a probate petition. If so, you would recite that there is an original of the will, but you can't file it because she refuses to release it to you. You can probably then get the court to order her to turn it over.
Based on the terminology you have used, I'm not sure what your dad has. A living will is a medical document that ceases to function at death. You've also used the word trustee, but that only applies to trusts, and not wills. If your dad had a will, it would be a personal representative. Although, dad could have had a "pour-over will," in which case a personal representative would be named in the will and a trustee would be named in the trust.
If dad died in Florida, I would strongly suggest consulting an attorney. You can file what is called a caveat with the clerk of the court. A caveat tells the court to notify you if anything is filed in relation to the estate. You may or may not need an attorney to help you, depending on whether you live in Florida.
The attorney should have kept either a copy or the original of the will (or any other documents executed by your dad). Whoever has the original will is required to file it with the court within 10 days of death.
It's entirely a possibility that the girlfriend could have had your dad change the will, which could be a possible explanation as to why she doesn't want to give you a copy. I would suggest contacting an attorney so that you protect any rights you may have.
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