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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37097
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away in Homosassa, Florida on Tuesday, August

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My mother passed away in Homosassa, Florida on Tuesday, August 20, 2013. She was married 37 years. I do not call this person my stepfather, I was an adult and long out of my mother's home. My only question at this time is am I legally allowed to view the will? I could care less about houses, cars, money. There are just a few family heirlooms that my mother would want to stay in her family.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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My only question at this time is am I legally allowed to view the will?
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If mother had a will, then whoever was named executor would have to file a petition to open a probate case to settle her estate. Once the will is admitted to probate and the petition filed, the executor is supposed to send copies to all the named beneficiaries along with the petition notifying them that they are filing.
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Then the beneficiaries have the right to object to the appointment or not and can appear at the court hearing if they choose to.
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But the executor has no legal duty to provide a copy of the will to anyone who is not named as a beneficiary.
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However, once the probate case is filed and the will admitted to court, it is considered a public record and anyone can contact the court clerk to get a copy of the case file which will include a copy of the will.
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So to answer your question directly, yes, you can get a copy of the will either directly from the executor if you are an heir or indirectly from the probate court clerk once it is filed for probate.
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Thanks
Barrister
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