Q: How long after passing does it take to see the will? And is it required to tell a beneficiary immediately?
My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I understand..... BUT, as I said we were like family and I could definitely see him leaving us the house... Firstly, I am wondering if there would be a hold up in the will information being dispersed considering the current circumstance (if she is the executor then would that that be something that she found out immediately?)..... Secondly, How would I actively seek the information in that case without knowing the attorney, and without asking the daughter directly?... I do not want to seem like I expect him to have left it to us, but I would like to find out as soon as possible because otherwise she will end up more than likely making us move and I would need to start planning for that now :( .
A: If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with respect to some major lockdown and Governor and Florida Supreme Court Orders and the limited work that is being done. So, if there is a Will and it is filed with the probate eventually, you can go to the clerk of the court and request a copy. You can check on the status of any case or filing by going online as well to the clerk website, I doubt anything would be done in 10 days even if the whole country was not on lockdown.
A: The daughter will not be able to evict you until she qualifies as personal representative. If there is a will, it will be filed with the probate petition.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
