Oviedo, FL asked in Probate for Florida

Q: My Mom died more than a year ago. I am the heir and trustee of the living trust. I have 2 checks that are made out to

living trust. I can not cash them because the bank closed the living trust account since it had not been used for so long (without my permission). In order to file a petition for summary administration to cash these checks they want the orginal copy of my Mom's will. I made copies of her will at a UPS store, they did not give me back the original and they shredded it. The attorney who prepared the living trust in the 90's has retired and he will not help me. Suggestions? Thank you.

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2 Lawyer Answers
Christin Coleman Gallardo
Christin Coleman Gallardo
  • hollywood, FL

A: If you only have a copy, you would have to Petition the court to accept a copy of the Will in lieu of the original. This requires notice to all who would stand to inherit if the Will were not "admitted" by the Court to Probate. However, if the property is indeed Trust property, then Probate will not help.

Have an attorney experienced in Trust matters take a look at the Trust for you to determine whether the Trust had valid provisions determining post death distributions before attempting to open a probate.

David M. Goldman
David M. Goldman
  • Probate Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: You can petition the court to accept the copy, Hire an attorney to help handle this for you

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