Beverly Hills, FL asked in Probate and Estate Planning for Florida

Q: How do you receive a copy of your deceased parents will and trust?

My sister will not execute our parents will.

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1 Lawyer Answer

A: If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk. A reasonable Personal Representative and their attorney would give you timely a copy, but often this is not the case so you may need to get your own probate attorney to make sure your estate/probate interests are protected, remember, the attorney for the probate estate and Personal Representative does not represent you, your interests and often they will not be responsive or helpful to you. If there is a Trust and you are a named beneficiary, they must give you a copy per your request and they must file a notice of trust with the clerk upon the death of your parents, so again, they should and must be providing you these copies. At a certain point you may well need to secure your own attorney to make sure you and your interests are fully protected .

Terrence H Thorgaard agrees with this answer

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