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“Interested Persons” and Probate Lawsuits

Uncategorized Feb 28, 2019
post about “Interested Persons” and Probate Lawsuits

In Florida probate litigation, who is an “interested person”? According to Florida law and the probate code, what does it mean to be an interested person? What can an interested person do? Can an interested person petition to reopen an estate?

Florida Probate Code Section 731.201(23) provides the following definition: “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. Interested persons have greater rights than others when it comes to Florida probate. For instance, interested persons have a right to request information regarding the inventory and accounting of a Florida estate. This is information that is kept confidential from the general public. Only interested persons have standing (a legal right to be involved) in Florida probate court proceedings. West Palm Beach trust and estates lawyers know that interested persons can object to various pleadings or otherwise intervene in the Florida probate proceeding. Interested persons can object to the qualifications of the Florida personal representative, the validity of the will, or the venue/jurisdiction of the court handling the Florida probate. Trustees of some revocable trusts are also classified as interested parties in Florida probate proceedings.  However, while the definition of the term is ambiguous, Florida probate attorneys know that there is one category of people involved with a probate proceeding that is expressly excluded from this definition: The term does not include a beneficiary who has received complete distribution. In other words, if a beneficiary has already received a complete distribution of his or her share of the Florida probate estate, that beneficiary is no longer considered to be an “interested person” for purposes of the Florida probate proceeding.

A May 24,2017 from the Court of Appeals of Oregon, Price v. Lotlikar,  involves litigation to determine whether certain people are “interested persons” in an estate matter. Although this is not a Florida trust and estates case, Palm Beach estate lawyers may find themselves litigating over a very similar fact pattern. 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.