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My grandmother passed away in 1998 and I need a copy of her will.

Orlando, FL |

There is now question as to whether my mentally challenged aunt received what was left to her. How do I get a copy of my late grandmother's will? We believe her trustee has taken this money. We are from Toronto Ontario Canada, not the city and state I listed below.

Attorney Answers 5

Posted

You can try searching the Orange County Public Records for information about whether an estate was opened. You can search by your grandmothers name. You are likely well past any statute of limitations to pursue an action for breach of fiduciary duty.

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Posted

The court records of the county where probate occurred, if any, would have the available information.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

You can get limited information on the internet about what, if anything, may have been filed. As someone else has already pointed out, the statute of limitations immediately creeps into my mind as an issue. If no one has the will, and a probate was opened, it would have via intestate - operation of Florida law on who things were distributed. Proving a "lost" will with a copy here in Florida is anything short of a miracle.

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Posted

I agree with my colleagues. If the Will was probated, then you should be able to obtain a copy of it through the county probate court, for a nominal charge. You will not be able to do anything at this point, however, because too much time has passed. Probate statutes of limitations tend to be very brief. Fifteen years is too long to wait.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Go to: http://www.myorangeclerk.com/enu/Pages/orange-county-clerk-of-court-home.aspx
and click on "Look Up Cases on myClerk" which is located on the upper left hand side of the page. The click on "Probate Case Records" and do a search for your grandmother's name.
You will be able to see any and all activity that took place in the court records, but will not be able to actually look at the documents filed in the matter. Once you get a case number you will need to go down to the courthouse to review the file. It may be in storage if your grandmother's estate was probated right after her passing.

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