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How to get information on my brothers will

Clearwater, FL |

I am in my brothers will, the problem is he had given power of attorney to his lawyer before he died in April of this year. The problem I am having is getting any information on when the will would be finalized, so far it is past 8 months.

Attorney Answers 3


  1. The power of attorney became void upon your brother's death, so it doesn't affect this situation. Are you referring to probate being completed? If so, you should be able to check the court file to get some idea of the status. You may need to hire your own attorney to make sure the estate is being handled properly.


  2. I am assuming you meant to say "probate would be finalized." Probate the is process by which the estate is settled, all the debts and taxes are paid, and the remaining assets distributed according to the will instructions. Within ten days of your brother's death, the will should have been filed with the court by the person who had the original - presumably the attorney-in-fact. If it is already filed you can see a copy of the will by contacting the clerk's office for the 6th Judicial Circuit (probate department), or go online to their website.

    If the attorney is handling probate for the estate (which he/she probably is) then it can take a few months for all the estate creditors to be contacted and debts and taxes to be paid. It doesn't happen overnight. If you want to have your interests represented, please contact a local probate attorney to help you get the information you are seeking.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  3. In addition to the other posted answers.
    The attorney should be able to give you
    an estimated date for the estate to closed.
    The court allows one year for the estate to be open-it must
    close or request an extension for a valid reason.
    You would be notified of the request for the extension
    and be able to object if you did not think the reason was valid.
    You should consider having an attorney review the file if you are not
    pleased with the progress of the estate.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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