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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116707
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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20 Aug 2003 my Mother pased , she was married to a second husband

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20 Aug 2003 my Mother pased , she was married to a second husband , not my father. She told me i am her son , that she had made a new will leaving her house to her husband and I but he as to continue living in it till his death n he had only to pay up keep etc and at his death the house would then be turne over to my possesion. that was 12 yrs ago i did go to the lawyers office soon after mom s death i then was under much duress and remember questioning my mothers signature but was quickly told some made up excuse that it was proxy , a few days after this her husband sat me down as he put it to get things straight , and proceeded to tell me how much i owed him , and literly kicked me out of mr residence a small guest cottage . he refused to give me ny personal item , family photos moms jewlry etc and also refused to turn over her remains , the insurance money which should have been used to bury her were lso , I didnt get to give my mom a proper burial untill 8 yrs later , and i had to pay for all cost out of my pocket which i did not mind $3,000aprox i have lived across the street from this man for the last 12 yrs and never bothered him except for asking to bury her, i found out last week that he has terminal cancer and truely hant much time left , Now my question how do i go about seeing my moms original wiil which stated her wishes with her house and belongings and states my inheriting the property after he dies. I am 67 yo retired no pension just SS and cant afford a lawyer s fees i need assistence please direct me , one more thing he has remarried cpl mths after mom passed another old er lady i dont want to loose this house to her . sincerely Peter Colangelo , Zephyrhills FL
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You will need to contact the lawyer who handled her estate to seek a copy of the will or the alternative is you have to go to the local probate court clerk's office and have them get the file on the probate of her estate, because any will in existence would have to be in the probate court files. Those are the only two places that the will would be located.

As he is dying now, the best thing for you to do is engage a local FL estate attorney because they will have to check the deeds as well, since if your mom only left him a life estate (right to live there) that would have to be filed in the recorder of deeds and also if he at any point becomes too ill to remain in the home you have a right to reclaim the home from him and terminate his life estate.