Port Richey, FL asked in Estate Planning, Probate and Civil Litigation for Florida

Q: What actions to take if family hides wealthy father's will and leaves me nothing?

My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?

3 Lawyer Answers

A: If someone in the family filed a probate petition alleging that there was no will, you should have contested it. Or, if there was no probate case but they just took the property, you should also file a petition in court. In either case, you will need an attorney.

Charles M. Baron and Phillip William Gunthert agree with this answer

A: I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.

If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.

If no probate was commenced, you have the option to start a probate yourself, if no Will can be produced, then the Florida Intestate Statutes (without a Will) would apply.

If a probate was started, you should be getting updates and information and you should be represented by your own probate attorney to make sure you get all the documents and have them reviewed ongoing.

It is possible that all assets passed outside of probate to a surviving spouse and or other siblings via joint ownership, the manner in which a deed/s are held, pay on death and transfer on death designations, etc.

You will want to speak with a probate attorney in the state where this is taking place where you can provide additional information, and they can give you more detailed and specific responses related to probate or otherwise.

Charles M. Baron agrees with this answer

A: You need an attorney that is involved with Probate litigation.

Make a list of any real property that they owned and begin tracing the clerk’s office in the county that the real property was located.

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