My in-laws have died they said they had a will and it said when they die the property is to be sold and split with all of us

Asked over 2 years ago - Winter Park, FL

I have not spoke to the family since my husband died in 2005 i checked with probate and they do not have the will how do i find it. my in-laws died in the year 2007 and 2010. can you help me thank you.

Attorney answers (4)

  1. Rebecca F Emmons

    Contributor Level 8

    3

    Lawyers agree

    Answered . You should contact the local Bar Association in the area where your inlaws lived. They should be able to send an email to all the members of the bar with an inquiry as to who is representing the estate. If your husband did not have to survive his parents to be a beneficiary under their Will, then you could be entitled to a portion of their estate. This will all depend on the provisions of the Will. If you have no succes, you may need to seek the assistance of an attorney to contact the family.

  2. Barry A. Stein

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If you had an interest they would need to contact you. You can request death certificates for both of them through the vital statistics office in Tallahassee. You may have to pay for searches for each fo the years that may be relevant. You can also check and see who owned the property as of death and who currently owns it, as that may end the inquiry about what happens with the property. Check the property appraiser's office for the current owner. You can then use the legal description to do a title search to see if there were any transfers prior to or after death.

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  3. Matthew Karr

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Unless the house wan in a trust, it will have to go through probate in order to be sold. Check in the probate court of the county where the property is located and where your in-law's had their primary residence to see if anything was filed on their behalf. You could also check in the registry of deeds to see if the property has changed ownership since they passed.

  4. Abel Lopez

    Contributor Level 11

    Answered . If the will is probated, all the beneficiaries have to be contacted; the court will make sure of that. Under a will, your husband may be an heir even if he passed away before his parents. However, if the will is not found among your in-laws property, unfortunately it will be presumed revoked by your in-laws, and it will be difficult for you to overcome that presumption without any evidence of the contrary. Also, if it is lost, it will be hard for you to prove its contents without a copy, especially if the rest of the family testifies to the contrary. If there is no will, the property will be distributed in accordance with the laws of intestacy. Then only the intestate heirs would be contacted. Unfortunately, since your husband passed before his parents, he would not be considered an heir under the intestacy laws, and neither would you. On the other hand, if you had children, his children are still heirs and would take his share of the estate. If that is the case, then your children will have to be contacted too if a probate case is opened. If you want to know whether a probate case has been opened, you can search the court records. Probate administrations are public records. Some counties have online databases where you can search without having to go to the court, visit your county’s clerk of court website. If it is Orange County, this is the link: http://myclerk.myorangeclerk.com/default.aspx (click where it says probate case records). I hope this helps.

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