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Every once in a while, we get a c ll from a prospective Florida probate cl ent who spends about 20 minutes xplaining who inherits under the decedent's L st Will and Testament, only to f nish by saying but I only h ve a copy of the Will. Th t IS a problem. Under Florida Statutes, the c stodian of the Will must deposit it w th the clerk of the courts in the c unty where the decedent resided within ten (10) d ys of the date of death. Th s is the legislature’s attempt to k ep people from losing it! The r ality is that many Wills don’t m ke it to the clerk’s office ntil someone wants to put it thr ugh probate. Additionally, note that while a d cedent may have left an estate in Fl rida (i.e. owning some land in Fl rida) but did not actually last r side in Florida (domicile), then the W ll should be deposited in the ppropriate (out of state) county. Can’t f nd the Will? Here are some deas: 1. Many clients choose to have th ir Wills held by the attorneys who pr pared them. Look on the copy of the W ll that you have to see if th re’s any indication of who prepared it. If you f nd an attorney’s name, call them (y u can look up Florida attorneys h re. Additionally, if the Will was pr pared out of state, try Terry B rger’s handy site which will help you l ok up out of state attorneys.
2. Check to see if th re is any indication that the d cedent had a safety deposit box wh rever he or she did their b nking. Note that some banks keep th s information very confidential. 3. Going thr ugh papers in the home office? Alw ys check unmarked folders or envelopes. I s ppose some decedent’s thought it would be g nius to put the Will in st alth packaging so no one could f nd it and doctor it! 4. Ch ck the clerks’ office in any c unty that the decedent ever lived in. S me counties around the country allow you to d posit the Will for safekeeping with the cl rk’s registry. 5. If the decedent l st lived in an assisted living f cility or nursing home, check with wh ever is in charge of leftover nventory when the decedent’s room was cl ared out. 6. As a last d tch effort, check the home of EVERY ch ld, parent or sibling of the d cedent. Wills turn up in the str ngest places and it can’t hurt to l ok! If any of these tips l ads to your successful location of the W ll, leave a comment and thank us! (Th n contact us and we’ll help you w th the probate.
The article Can't Find The Will? A Few Tips was Submitted by Long Duong through Articles.GetACoder.com network. Here's the additional information: Long H. Duong, Esq. is a Fl rida probate attorney practicing out of G inesville, Florida. The firm focuses its pr ctice on Florida probate and estate planning matters. Through the firm's probate website, http://www.WeProbateFlorida.com - clients from all over the country are served for various Florida probate matters all throughout the state. If you have a Florida probate case you need to open and would like a FREE case review, follow the link below! The Law Office of Long H. Duong, P.A. (352) 371-2670 RSS Feed: http://feeds.feedburner.com/weprobateflorida
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