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Can a Trustee in West Palm Beach Use an Interpleader Action? What is an Interpleader Action?

Uncategorized Nov 18, 2015
post about Can a Trustee in West Palm Beach Use an Interpleader Action? What is an Interpleader Action?

Are you an escrow agent holding property for someone who is recently  deceased in West Palm Beach? Are variousheirs claiming a stake in the property? You may need to file an inter-pleader action to cover your own liabilities. This is common where no matter what happens, someone is going to want to sue you. Do you know what an inter-pleader action is?

What is an Inter-Pleader Action?

  • Inter-pleader is an interesting type of lawsuit that can be brought when someone is holding property of a decedent that may belong to different or multiple beneficiaries.
  • For example if you were holding property for someone as an escrow agent and they died unexpectedly who gets the property?
  • This is what an inter-pleader action is for.
  • An inter-pleader is used when you may face multiple liabilities for one fund.
  • A common example is if multiple people are claiming an entitlement to the life insurance proceeds from a policy the carrier may just inter-plead them all.
  • One cool thing about this type of probate lawsuit is you may be able to get your fees covered!

Using Inter-Pleader to Your Advantage

  • This type of action is good when you know that the money does not belong to you but you are not sure who to pay.
  • Think about if you have two people Jack in Palm Beach and Jill in Delray that both claim an ownership in the property what is going to happen?
  • If you give it to Jack, then Jill’s Delray attorney is going to sue you.
  • Now if you give it to Jill you can expect a summons to appear in Court from Jack’s Palm Beach attorney.
  • Its a proverbial “Catch-22” that inter-pleader fixes in West Palm Beach.
  • If you are concerned about multiple liabilities you may want to talk to an experienced Palm Beach probate litigator about your possible remedies.
  • They will likely bring up the fact that your case is a prime example of what inter-pleader can be used for.

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