will reading do I have a right to a copy or notice of reading. Is there A time limit to claim or make notice of not getting notice of the will reading

Question Details: my dad death bed told me all of his kids would be taken care of step mom claims everything was left to her. my older sister says dad made a will in hospital but step mom fired lawyer got her own and a new will was made up. step mom will not give my sisters or I any info. step mom did tell me she needed our social security numbers for will.

Asked 8/29/2009 under Wills, Trusts, Probate | 319 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

David Slater / Answered 2 years ago | Contributor This attorney is licensed in Florida

Yes. You should be notified when the will is submitted for probate.  I have handled will contests when I was able to prove undue influence or lack of testamentary capacity.

I am not admitted in Florida.  I am unsure if Florida has a provision that requires a will to be submitted to probate or filed within a certain period of time like Nevada but most every state has a provisions and time constraints for contesting a will that is being proffered for probate.  You should receive notification and a copy as a child of the decedent. 

Wills are a public record.  Check in the county in which your Father was domiciled at the time of his death.  If you believe that he was not competent to make a will or unduly influenced get a lawyer asap.  Some states have a method of forcing the party holding the will to submit it for probate.  Ask the lawyer if Florida has such a procedure. 

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