Q: In understand she has that right I’m trying to do is find out how can contest the will once she dies
To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer
A: Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from the clerk of the court in the county where the person resided. At that point you can take it to a probate litigation attorney to discuss your options
Phillip William Gunthert agrees with this answer
A: Once a person passes away in the State of Florida a Will must be submitted to the appropriate clerk of the court in the county where they lived within 10 days. If the Will is not filed in this manner then there are additional options to make them do so.
Under section 732.901(1), Florida Statutes, the custodian of the will must deposit the original of the will with the clerk of court in the county in which the decedent resides within 10 days of receiving the information that the decedent has passed away. Furthermore, under section 732.901(2), Florida Statutes, “Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will.” This means that if the interested person who is filing the Florida probate administration does not possess the original copy of the will, he or she can petition the probate court to order the person who does possess the original will to deposit it with the the Florida probate court.
I will add, if the person is still alive, there is obviously no right to see the person's will.
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