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Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 3604
Experience:  Attorney with over 25 years experience
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I am looking for a lawyer for Will laws in Florida. Thats

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I am looking for a lawyer for Will laws in Florida
JA: Have you talked to a FL lawyer about this?
Customer: Thats what I'm asking. My mother lived in florida and she has now died. I have questions as to the laws in Florida.
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: nothing
JA: Anything else you want the lawyer to know before I connect you?
Customer: So is this not where I can get these questions answered

Hello. Let me see if I can assist. What is your legal question? Did you mom die with real property and personal property in her name? Did she have a will?

Customer: replied 12 days ago.
I have some questions as to Florida Law's since I am from NJ and they change from state to state. I am one of 4 sisters my mother has passed. One of my sister's has the will and she is the executor. When is it that we meaning the other three sisters are allowed to get a copy of the will? The lawyer also has a copy of the possessions that she had Jewelry things around the house and she also gave a copy to my sister. Are we legally able to see that list on what everybody received? This list was not part of the will. At the end of estate do we all have knowledge of what each other gets?

Yes, you as beneficiaries have a right to a copy of the will. Your sister as the executor is responsible for probating her estate and filing the will in the probate action. Your sister as executor is also required to file an inventory of all of your mom's possessions (including her jewelry and other personal property). All siblings and beneficiaries are entitled to see the list and the court filed Inventory sheets. As a beneficiary and heir, you will have the right to be a part of the proceedings and see everything that is filed and done in the estate proceeding in court.

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Customer: replied 12 days ago.
ok well the will is not getting probated I don't know why and I believe in the state of NJ it doesn't have to be if it is in trust. Which to be honest I don't know what that means. How soon can I get a copy legally of will and possessions. My sister is not giving them up. We as three sister shouldn't have to go to my mothers lawyer to do this where it will cost money

Was all the property and the jewelry held in a trust? If so, the property stays in the trust and you need to request the trust agreement. If any property was held in your mom's name - not a trust - the property has to pass under the will. If the property (jewelry) is located in FL - it will need a summary administration or a regular probate action to determine the transfer of assets. If your sister will not give you copies of these documents, you may have to sue her for the documents unfortunately or demand them from your mother's lawyer.

Customer: replied 12 days ago.
My sister has most of her Jewlery in her possession and she said what is on the list if it is still in florida she will distribute it to us but we really don't know all of my mother belongings.
Customer: replied 12 days ago.
we also don't know who is getting what out of her possessions and that is why I wanted the list I was making sure I have the legal right to the list, along with what stock and value it has, monies and monies spent to do any of this
Customer: replied 12 days ago.
also as an executor what is their legal right of percentage in the state of Florida? can the person who made the will not give her any rights to the percentage? if she didn't write it in then does the executor have the legal right to the percentage.
Customer: replied 12 days ago.
one more and this is probably a stupid on but if a will is not probated do they have the right to an executors percentage

The stock will also likely need to be probated in FL as well to transfer the asset. Your sister cannot, as executor, do whatever she wants. She can be challenged as the executor in court if she self dealing, etc. and removed as the executor (called the personal representative in FL). An executor is entitled to a fee for acting as the executor but not if she is disqualified.

If the will is not probated, the executor does not get a fee but then there is no court oversight on what she is doing with the assets.

Customer: replied 12 days ago.
ok and what is the legal percentage for executor if it is probated
Customer: replied 12 days ago.
it that of my mothers whole estate that is in the will before distributing.
Customer: replied 12 days ago.
what is the legal time for me to ask of these things from the lawyer.

Personal representative in FL gets a flat fee based on gross value of the estate (assets in decedent's name) under FL Statutes Section 733.617 - it is 3% of the first million.

I would give your sister and the attorney 3 to 5 days to produce these documents

Lori and 2 other Legal Specialists are ready to help you
Customer: replied 12 days ago.
Thank You you have been great you get a 5 star...

You are welcome.