Would my adult children hava right to see their father,s will.There stepmom never said a word about it

Asked over 2 years ago - 34217

He passed away oct31st,2010.He was very close to his kid,s and I can,t believe he didn,t want them to get one dime.Can they contest the will, or force her to at least show them the will?

Attorney answers (3)

  1. Joseph Franklin Pippen Jr.

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    Contributor Level 20

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    Answered . A florida statute requires the holder of a will to file it within 10 days of death.
    This statute will allow someone like yourself to force the filing of a will.
    However-if the deceased did not have assets just in there name(without beneficiary)-the will would not help your cause about a distribution.
    If all assets were held joint with right of survivorship with stepmom-the will would not be applicable.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Dana Laganella Gerling

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    Contributor Level 11

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    Answered . If your father held everything jointly with your step-mother, he may not have prepared a Will. If he did not hold all assets jointly, and had a Will, you can request a copy of such Will as it should have been filed within ten days of his death. If he did not have a Will, the distribution would be made per the laws of intestacy per the State of Florida.

  3. Steven J. Fromm

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The will is a matter of public record. It would have been probated in the county where he was living at the time of his death.
    As to not providing for the kids, that is a much tougher situation. Parents are generally not obligated to provide for children. So the kids have a tough road here. They must show some sort of fraud or undue influence or lack of testamentary capacity. They need facts and evidence to support such claims. Merely not providing for them is not enough.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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