QUESTION

Will is in the hand of probate lawyer significant other says of late father. how long to wait

Asked on Mar 03rd, 2017 on Wills and Probate - Florida
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Will is in the hand of probate lawyer. significant other of late father says. how long to wait until i seek council? if she does not act?
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1 ANSWER

Maryellen Sullivan
Hi - I am not a Florida attorney but I found a citation to a Florida law, FS 732.901, that states that a Will must be filed within 10 days of the date of death.  I'm not sure whether this is correct as it seems onerous to me, but I would suggest that you write to the attorney (and so have proof of the request) and request that the Will be filed by a certain date.  If it is not, you can petition the probate court for formal probate.  A hearing will be scheduled and thus should prompt the attorney to file the Will and your father's significant other to appear.  If he or she does not, you can seek to be appointed personal representative of the estate.  You also could request that the court order your father's significant other or the attorney to file the Will.  Even if the significant other is named in the Will to serve as personal representative, you could argue that her or his failure to file the Will is evidence that he or she will not be a fit personal representative and you should be appointed instead.  However, I would counsel you to seek cooperation before resorting to filing in court.  If you do file in court, an attorney would be helpful. 
Answered on Mar 03rd, 2017 at 9:07 AM

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