How can I get money that was left in a will to me? 7 Answers as of September 02, 2011

The will should have been filed in the county courthouse where your grandma lived. If so, you can view the will there. If a probate estate has been opened, you can file a claim in that court case stating what you believe the facts to be. If no probate estate has been opened, you can open one asking to be named administrator of her estate - your uncle will likely fight that but at least at that point you are all in court and a judge can figure out the proper way to go.

If there is no money, it doesn't matter what the will states. The bank accounts may have been co-owned or had payable on death instructions. If so they are not subject to probate.

You will need to get involved in the Probate to determine what needs to happen and whether or not there are sufficient assets to pay your bequest. Filing an appearance with the Probate Court will help.

Make sure the will has been "admitted to probate" in a timely manner. Then, you can compel or sue the executor to carry out the distributions according to the provisions of the will.

The Will governs any assets that go through probate. If there were any assets titled in solely your grandmother's name, and they did not have beneficiary designations (like life insurance has), those assets would go through probate, and you would receive a distribution, subject to any creditors' claims, attorney's fees, etc. If your grandmother's assets were titled jointly with someone (for instance, if your Uncle's name was on your grandmother's bank account with her), in Florida, the asset would not go through probate and it would belong to your Uncle. He is not obligated to distribute the money to anyone because, legally, it is his money. Morally, that's a different question.

Has your uncle opened probate? If yes, the will is submitted to the court and he can hardly claim you're not in it. Often, people use joint ownership of assets, and so there is no probate. In that case, the will doesn't reach any property, and you'd be out.

Has a probate case been opened? Has the Will been admitted to probate. If so you would need to file a petition in that case. If not, it is possible that she has no assets to go through probate, and that may be why there is nothing for you to receive via the Will. You should speak with an attorney regarding your specific issues. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.