Are you an “Interested Person” if you are a Sibling of the Decedent but do not Have any Financial Interest in the Estate?

Florida trust and estates lawyers know that, in order to bring something to a court’s attention, you must have standing. In probate or guardianship court, this usually means that you have to be an “interested person” to the Florida estate or guardianship. According to the Florida Probate Code, who is considered to be an “interested person”?If you are related to the decedent, are you automatically deemed an interested person in regards to the decedent’s probate proceedings?

An interested party is traditionally someone that would be affected by the results of the estate proceedings. What if you are the decedent’s sister but you do not have a financial interest in the estate because the decedent left you nothing? Are you still an interested person who can reopen the estate for purposes or investigating a transfer of assets that you believe may have been incorrect?  Palm Beach Probate Litigators challenge transfers of assets, wills, and appointments of personal representatives everyday and have to regularly show to the court how a party is really an interested party.

Price v. Lotiklar, a May 24, 2017 opinion from the Court of Appeals of Oregon, involves litigation to determine whether siblings of the decedent are “interested persons” in an estate matter. Although this is not a Florida trust and estates case, Palm Beach estate lawyers find themselves litigating over very similar fact patterns. Here, two sisters petitioned to reopen the estate of their deceased brother to investigate a certain transaction. The appellants argued that, because the sisters had no financial interest in their brother’s estate, they were not “interested persons” and, therefore,  could not petition to reopen the estate. What did the appellate court say about this? To read the entire opinion, click here.