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I need help from a lawyer to help get copy of my deceased mothers will, and then determine our next step.

Spring Hill, FL |

Approx. 6-8 months ago my mother died of complications due to Alzheimers. Before she died my brother had a will drawn up. He said he was the executer. The day after the funeral he said they sold her home and land (which was horse property) and said he sold it for $92Kand my share after expenses was $17,000. He wouldn't show me any copy of the sale. There are 4 surviving brothers with all 3 living in the Burbank, Cal area where we were raised. I moved to Fla many years ago. Since that last day, he has refused to send me a copy of the will nor has any of my brothers. I need a lawyer to write him and get a copy of the will, then to determine our next step. My daughter loved her Grandmother and they left her out of the will. Please call or write. Thank you.

Attorney Answers 4

  1. Under Florida law he would have been required to file a copy of the Will with the County Clerk within ten days. It is likely the property was transferred without a Will and he had some type of ownership interest in it. You can search at the County Clerk website for the deeds and review how the actual transfer took place. My recommendation would be that you contact an Attorney who specializes in Probate Litigation.

  2. There are several issues here that you raise, all of which can be sorted out by a good probate attorney representing your interests. I am assuming from your question that you mother was a resident of CA when she passed away. Is that correct? Even so, as my colleague pointed out, the will has to be turned over to the probate court in the county where she resided at her time of death. You will need to get an attorney from CA to represent your interests there. I see many issues with the will having been "drawn up" by your brother after she is already suffering from Alzheimers. Your time to challenge is running out. At least get a full accounting of what has occurred with the estate following your mother's death and then see what your attorney recommends as a follow-up. Good luck to you!

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : : 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. I am sorry for your loss.

    It sounds as if your mother was a CA resident. If so, it would be best if you worked with a CA attorney. A FL could write the CA probate attorney handling the estate but a CA attorney will be more familiar with the CA probate process and your rights, especially if you need to challenge the Will or probate process.

    This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at or call my office, 727) 471-0039, should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

  4. You need to contact and consult with a California probate attorney to review your situation. If the estate was probated, the file is public record and may be available online, depending on which county.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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