Grandmother supposedly had a Will while living in Florida, passed away in Central America Sept. 2013. My brother claims that my sister who lives in Florida has the Will. Our grandmother's wishes were to divide her assets among the four grandchildren, she owned one property in Miami, one property in Central America and a Certificate of Deposit in Central America. My sister has not contacted anyone about the distribution and my brother claims that she is taking possession of the Certificate in February if she hasn't already done so. I reside in California along with another brother, a third sibling is in Nicaragua, and sister in Florida. NOT SURE IF IT MATTERS BUT I WILL SAY I LIVE IN MIAMI, FLORIDA FOR THE PURPOSE OF THE QUESTION, I MIGHT GET THE WRONG COVERAGE AREA RESPONSE IF I PUT DOWN
Has anyone opened probate on your Grandmother's estate? If not, then you could hire a probate attorney in Miami to do so and then have your attorney demand the production of the will from your sister. If probate has already been started, then have your attorney file a caveat so that you are given proper notice if anything occurs with the estate.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.
I agree with Ms. Johnson. But write to express that your sister should willingly give you a copy of the will.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
The comments of the other two attorneys are correct. But I want to add the following: There is a basis for probate in MIami because the real estate was there, regardless of where youuo or the other siblings live.
The first thing is to have the property address, so a search can be made of the title. It is possible that someone else, such as your sister, was also on the title. In that case, the property could have automatically gone to her up the death, with no need for probate. You also need an attorney in Central America to deal with the assets there. I don't think a Miami attorney has any hope of helping you regarding the assets in Central America. Best of luck to you..
I practice only in Florida. So my comments are only applicable to situations involving Florida law. In general, the laws of other states are similar, but there is no guarantee of this. It is advised that you consult a lawyer who practices in the state where the issues have arisen.
You need to immediately research the title for the property in Miami and research whether a probate case has been opened for her here. If not, you can have petition for the opening of a probate and get a court order for your sister to provide the original will. You will need an attorney in Miami to assist you in your searches.
Vanessa Vasquez de Lara, Esq.