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My mother in law passed away in 2006. lived in florida with…

Customer Question
My mother in law...

My mother in law passed away in 2006. lived in florida with husband, he sold house and bought a condo. he told my husband there was a will and my mother in law said so too. how can we find out if there is an existing will.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Not that i know. not us for sure

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

Is he legally have the right to sell property when theres a will at state

Submitted: 1 month ago.Category: Legal
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Answered in 6 minutes by:
3/8/2018
Lawyer: Barrister, Attorney replied 1 month ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,089
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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.

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how can we find out if there is an existing will.

.

Ask him first, you have nothing to lose in doing so.

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But wills aren't filed anywhere prior to a person passing, so unless someone filed the will with the courts after mother passed, it wouldn't be in the public records anywhere. Legally if there is a will, FL law says that the executor has to file it with the court within 10 days of the death. See FL Statutes 732.901.

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So you can check with the local probate court in the county where she lived to see if it was ever filed with the court.

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But if he was able to sell the house, that means that he was a joint owner with her and when she died, he became the sole owner instantly. Otherwise he couldn't have sold it to someone as he wouldn't have had clear title to sell. So if he owned it jointly, when she passed, the house became entirely his property and wouldn't be subject to any will.

.

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thanks

Barrister

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