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I am concerned that my elderly mother may have more than one…

Customer Question
Hi. I am concerned...

Hi. I am concerned that my elderly mother may have more than one will. How would I find the latest copy? Is it filed with the state? She is still alive and is 94. Very strained family situation.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

There is a will that is about 10 years old . My sister has taken care of mom for last 10 years but cannot provide any financial information when asked.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I have a legal right to ask for an update financially?

Submitted: 7 months ago.Category: Estate Law
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Answered in 2 minutes by:
12/6/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,538
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

There is nowhere that unprobated wills are kept formally as they are entirely confidential documents until filed for probate.

.

However, only the newest will is legally binding because every will has standard language in it that revokes any prior wills..

.

So there is never more than one valid will in effect at a time..

.

As for a financial update, sister has no legal obligation to disclose mother's personal financial info to you unless mother wants her to do so..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Hi
One more question please.
As a beneficary how do I know if funds from the rental properties are being handled correctly and not landing in my sisters pocket.
Estate Lawyer: Barrister, Attorney replied 7 months ago

Honestly... there is no way to know for sure.. If mother is legally incompetent, you could file a petition to be apointed as her legal guardian and then you could take over handling her care and finances. But if sister has been taking care of her for that long, it is likely that a judge would appoint her over you if you filed for guardianship.

.

However, once a legal guardian is appointed, they have to file a formal accounting with the probate court at least once a year showing all the money that comes in and leaves the ward's estate.. So if you filed for guardianship, even if sister was appointed, you can force some transparency into the situation since she has to file the annual accounting..

.

.

thanks

Barrister

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