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Florida Interpleader Lawyer

Our Attorneys • Aug 29, 2021
post about Florida Interpleader Lawyer

Did you get notice of an interpleader action? Life insurance policy proceeds? Bank account? IRA or mutual funds? If you did, you only have a limited time to make your claim to the money. Understanding how to make your claim and prepare for victory can involve finding an experienced Florida interpleader lawyer. We have previously written about federal court interpleader. Now, let’s talk a bit more about this important topic. After all, you only get one chance.

A Florida interpleader lawyer should know his or her way around state court, probate court and FLORIDA FEDERAL courts.

Talking to the Stakeholder and Making a Claim

Most “stakeholders” like insurance companies don’t want to get involved in litigation. They have the insurance proceeds or annuity. When there is a doubt about who inherits those funds, they can interplead those funds into a Florida court registry. Having a lawyer who can talk to the company’s lawyers can help. Often, you can find out how much is at stake and get statements and information quickly.

And then the people can make their claims without the insurance or annuity company involved. Who? Like heirs, beneficiaries and family members who believe they inherit the IRA or bank account or death proceeds. Interpleader actions can occur in state court and federal court. In exchange for “getting rid of the money” the “stakeholder” seeks to be discharged and removed from the case. That just leaves the family members or heirs to make their claims.

Florida Interpleader Lawyer

Ask any experienced interpleader attorney and they will tell you that literally millions of dollars are on the line. “I can’t tell you how much in bank accounts, life insurance proceeds and annuities are involved” says John Pankauski, who handles interpleader actions in both state and federal court. “Millions ! We assist heirs and family members to make their claim.

Sometimes that involves working with the personal representative or executor of a Florida estate. If that’s the case, you have to first open a probate. “You have to read the insurance contract or annuity or IRA documents” says Pankauski. Those account opening documents often tell you if the estate or someone else inherits. But a lot of people without attorneys don’t know how to get those documents. And they often don’t know what to do if that information is not forthcoming. Pankauski advises immediately conducting some court-approved “discovery” like document requests and even interrogatories. Sometimes, you need to issue subpoenas for lawyer files or documents.

To learn more about interpleader, consider reading a case from the Florida 3rd District Court of Appeal . The case is Rainess v. In Re: Estate of Machida. Read it for free by clicking HERE. Finally, in selecting an interpleader lawyer, consider serious, confident attorneys who believe in a client’s case and will take it on a contingency fee.