Orlando, FL asked in Probate for Florida

Q: Can an executor of a will hold your money over cosigned student loans he signed on but its not stated in will.

My grandma died a few months back no will has been filed, she died in Florida but checked Ohio and Florida nothing. My dad is the executor of the will but won't give me a copy of nothing. He cosigned on student loans for me 4 years back that are in default. Is he allowed to just hold my money and pay my loans or am I allowed to have my money and pay what I need to pay? I have medical problems and can't get any info out of him.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Your question is unclear. If someone has filed to be personal representative of your grandmother's estate, you can check the court docket in the county where she lived to see if a will was filed in that case. Unless your father is named as such in the will, he is not "executor of the will", and in any event is not recognized as her executor unless and until he files a probate petition.

Unless a will, in which she may have left you something, is submitted to probate, it doesn't appear that you would inherit anything; you wouldn't receive what you call "my money". So, as indicated, your first step would be to see is a probate petition has been filed and, if so, if a will was submitted.

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