Fourth DCA Probate Appeal: Personal Representative Ousts Family Friend From Business Owned by Testator
Do you think you are entitled to certain property because the rightful owner abandoned it years ago or gave it to you? Now is the personal representative of a West Palm Beach estate claiming that it is probate property? What can you do? You may want to start by reading this recent case out of the Fourth District Court of Appeal.
Personal Representative
- What does the West Palm Beach personal representative do?
- First of all they have a duty to gather the assets.
- Keep in mind that when you are serving as a personal representative you are acting on behalf of the estate.
- You may have to do things you do not want to do or pay people you do not want to pay.
- In some respects that is not up for you to decide.
- What if your father owned a business and retired twenty years ago, leaving the property and business to be operated by a partner or associate.
- Now can you go back and claim a right to the real property?
- Has it been adversely possessed by the other partner?
- These are the kind of questions real personal representatives have to deal with in West Palm Beach probate actions.
- In fact this was precisely the issue before the Court of Appeals in West Palm Beach just last week!
- Check it out!
Delbrouck v. Eberling
- This was an appeal after the personal representative ordered that certain property be occupied by the estate and taken away from another occupier.
- Essentially the decedent had operated a business years ago and now the family wanted to retake the property back years later.
- Who should get it?
- The issue was that the occupier was kicked out without an evidentiary hearing.
- How do you know whether or not you are entitled to an evidentiary hearing on the matters in your West Palm Beach probate lawsuit?
- You may want to start by reading the relevant statutes and other cases or maybe by talking to an experienced Palm Beach probate lawyer as soon as possible.
- Do you know your rights?
- Do you know how to protect them?
Want to learn more?
Check out the entire case by clicking here.