QUESTION

My Stepmother has not sent me a copy of my father's estate to me and the money that my father left me. Dad died Feb 17, 2013. How long can she wait?

Asked on Sep 06th, 2013 on Trusts and Estates - Florida
More details to this question:
She has told me that my Dad left me in his will/estate. I have called Brevard County, FL and there is no will on file. Is there a Statute of Limitations for her inaction.
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
The law required the custodian of a will to deposit it with the court within 10 days after receiving infomation that the testator is dead.  You should ask your stepmother to deposit the will with the court if she has it in her possession or tell you what she knows about it.  If there is no will or you cannot account for the loss or destruction of your father's will, you may wish to consult with an attorney to petition for administration of your father's estate.  If there is no will and no prenuptial agreement, the surviving spouse would get one-half of the estate plus certain rights in homestead real property and exempt personal property.  The other half goes to the children of the decedent.
Answered on Sep 17th, 2013 at 3:48 PM

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