Are you being prevented from getting involved in a Florida estate? Know your rights and whether or not you can have a say. We have previously written about what an “interested person” is in a Florida probate or estate. Now, in August of 2024, let’s re-visit this legal issue based upon a new case just handed down. Trust Beneficiaries Is a trust beneficiary able to participate in a Florida estate proceeding? Put another way, what if the estate “goes” to a trust. Can a trust beneficiary get involved in the court estate proceeding? Well, if the trust beneficiary’s interest is likely to be affected by what’s going on in the estate or probate, the answer is “yes.” Read this new opinion from the 4th District Court of Appeal on this very issue. To read more about what an interested person is, you can click this FREE FLORIDA PROBATE COMMENTARY. Remember: those who usually get to be involved in a probate are beneficiaries, creditors, and the executor or “Personal Representative.” But, the definition of who an “interested person” is can vary from estate to estate. And certainly in a guardianship matter. What if they prevent me from getting involved in a Florida probate? Remember, not just ANYONE can walk into court and get involved. You have to have a connection. In a trust contest or a Florida estate, your ticket to the show is whether or not you are an interested person. For more about being an interested person in a […]

Are you a former spouse who is owed back child support —- and your ex-spouse just died? Move fast and file the correct papers in a probate. Get a Statement of Claim on the books properly and ASAP. You just may be able to get unpaid child support payments plus interest — even decades later. Child Support Payments = Estate Claim Unlike great Bordeaux, your claim for unpaid child support does NOT get better with age. If you are divorced and are owed unpaid child support payments and your ex spouse just died, you need to file a Statement of Claim in the probate proceeding right away. Why? Because you are a creditor of the late (now deceased) spouse’s estate. That’s right: you need to “sue” your ex-spouse’s estate. And creditors get paid before a beneficiary sees a dime. Don’t wait. A lot of claimants make the mistake of expecting someone else to open probate. And sometimes that just doesn’t happen. So, don’t sit on your rights ! To read more how to open probate, click here. If there is no probate open, you need to start one. Open it yourself. To read more about creditor’s rights, you can read the Florida Probate Code. There are very short time frames to exercise your rights as a creditor. You may only have 3 months, maybe less, and definitely no more than 2 years after the date of death of your ex spouse. Check out this link for important Florida Probate Statutes […]