What do you do if a Florida estate that you inherit from has non-Florida real estate? Did your mom leave you a house in New York or Boston in her Florida will? Can my probate litigator West Palm Beach get a house, which is located outside of the state, distributed to me in Florida probate court? What is an ancillary probate?
Do you know what an ancillary probate is?
- Certain things are beyond the jurisdiction of a Florida probate court.
- Do you know what they are?
- Usually, the biggest problem is real estate located outside of the state.
- For example, if your father left you a ski lodge in Colorado, the Florida probate court cannot touch that property.
- In Florida estates and West Palm Beach probate administration, what do you do if you have a Florida estate that has non-Florida real estate?
- Probate attorneys Palm Beach know that this is where ancillary probate comes into play.
- You need to open an ancillary administration in the county or state where that non-Florida real estate is located.
Brown v. Brown
- Brown v. Brown is a July 15 ,2015 appellate decision from Palm Beach’s Fourth District Court of Appeal (DCA).
- The Fourth DCA is Florida’s appellate court for estate and trust matters in Martin County, Palm Beach County, and Broward County.
- Here, the Fourth DCA confirms that probate courts in Florida do not have jurisdiction over foreign real estate.
- According to probate litigation Palm Beach Gardens, what is considered to be foreign real estate?
- Any real estate that is located outside of Florida.
- If you are involved in estate litigation in Florida, or if you are a Florida probate lawyer having trouble distributing non-Florida real estate, you may want to read this case by clicking here.
- Many times, your probate litigator Delray Beach will file a motion seeking an order to partition the property, sell the property,or distribute the property.
- However, as mentioned earlier, if it is non-Florida real estate, your probate lawyer West Palm Beach will need to open an ancillary probate.
- Does opening an ancillary probate increase attorneys fees? Yes!
- Does it take more time? Yes!
- You may be able to get around these issues if the real estate was held in a trust or if there’s jurisdiction over the trustee.