What to do if sister won't file mother's will or share inheritance info?

Question

My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate documents, and I'm unsure of what legal actions to take. It's just my sister and me as beneficiaries. My mother's last words to me were, 'make sure I get my half.' What can I do?

Phillip William Gunthert · Answer

Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you commence probate, if there is no Will and no surviving spouse, then the probate will be done intestate (without a Will), this basically means to you and any siblings in equal shares. Since nothing has been done it is likely that your sister had access to the accounts or was named the beneficiary of any such accounts, if there is a home (Homestead or otherwise), you will need to check the property records on ownership, if it is in your mom's name alone, you could pursue this via probate and or any other assets or accounts still out there in your mom's name alone. You need to work with a Florida Probate Attorney in order to get this accomplished.

Anwar Elias Hadeed · Answer

You have several legal options to address this situation in Florida: 
 
Demand Filing of the Will – Florida law (Fla. Stat. § 732.901) requires the custodian of a will to file it with the court within 10 days of learning of the testator’s death. You can send a formal written request to your sister demanding she file the will. 
 
Petition the Court – If she refuses, you can file a petition in probate court to compel her to produce and file the will. The court can order her to comply and initiate the probate process. 
 
Request Estate Information – If an estate was opened, you may request copies of filings from the court or ask the court to require your sister to provide financial details. 
 
Seek Legal Action – If your sister mishandled assets or improperly withheld your inheritance, you may have grounds for a legal claim for breach of fiduciary duty or estate mismanagement. 
 
Since significant time has passed, it’s important to act quickly. Consulting a probate attorney can help you navigate the process and protect your rights.

Q: What to do if sister won't file mother's will or share inheritance info?