Sanford, NC asked in Probate for Florida

Q: Do adult children have a right to question why a will was not filed for a deceased parent?

My father passed away in FL 5 years ago and to my knowledge, no will was ever filed and his surviving spouse (not my mother and only 6 years older than me) received all assets. Originally in 2014, she did say that her will listed me and her adult son as beneficiaries, however because of us being so close in age and that she may outlive me, she intended to "gift" me funds periodically. She did this twice, once in 2014, and once in 2015, but nothing since. She has also made comments that lead me to believe she has changed her mind about this arrangement. I'm curious as to what legal right I have to ask that I be given the chance to review any will my father had in place as the time of his death and find out why it was not filed. Should I obtain legal representation?

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Jacksonville, FL
  • Licensed in Florida

A: This is something about which you should speak to a lawyer, face to face. Expect to pay for a consultation. Have information and/or documents with you - dad's full name, date of death, city/state of death, city/state where he lived at time of death; stepmom's name and address, phone #; etc. If you have a copy of the Will, bring it with you. Good luck.

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