Taylor, MI asked in Elder Law, Estate Planning and Probate for Florida

Q: Do i have a legal right to copy of my deceased mother’s will, attorney’s info handling her home sale &purchase agreement

My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement, closing date and the attorneys info handing the transaction, she never responded. She notified me of my mothers death a week after by mail with no details of the death only the date. She also stated the house was listed and sold prior to hear death and the proceeds would be split between 3 sibling including myself.

I do not have a number to contact my other sibling. Can I place a lien on the home to make sure i get my inheritance?

Any suggestions would helpful! Thanks

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court within 10 days of death and you can get a copy that way. The estate attorney and personal representative are not working for you or looking out for your interest, they represent the estate, not the beneficiaries, you likely need your own attorney. If you are owed monies or paid monies, then you should at least file a claim to the estate via the probate court. You will want to get a copy of the property deed and review it. You may want to check with the clerk of the court in the county where your mom was a resident/domicile/her homestead and see if anything as of yet been filed with the probate court. If you are included in the probate and one has been started, you should be getting updates, documents, inventory and more ongoing, if you are not, this should be concerning if a probate has indeed already commenced.

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