Have you recently been named as an heir or Personal Representative in a Will? Was your identity stolen? Did you know they could be related?
In the age of social media, financial records are one of the few things people still prefer to keep private. Most people keep some form of a file under lock and key somewhere: some might leave them with financial advisors, accountants or attorneys; others might keep them in safety deposit boxes. Unsurprisingly, in this age of digital and identity insecurity, upon death, beloved family members named as beneficiaries in a will become susceptible to outsiders’ knowledge of their personal and financial information.
- In an ideal situation, when a person dies with a will, that will is admitted to probate. During the probate proceedings, the court determines whether the will is valid, and, if it is, then the court oversees administration. Probate documents, including wills, usually contain both personal and financial information. What many do not notice is once those documents are admitted to probate, they become public records, which allows other individuals to learn more about the personal and financial information of all of the individuals involved.
- In most counties, probate records are available online, making locating these documents easier than ever. However, Florida law allows a party to file a simple motion to seal trial court records, including those in probate court. The Supreme Court of Florida also recently amended the Florida Probate Rules and lessened the amount of personal information required on probate documents. For example, minors need only be cited with initials rather than full names on these documents, both in and out of probate.
Naturally, large estates have more public visibility than smaller ones, but these documents should be sealed regardless of the size of the estate. With today’s extraordinary identity theft rates, the value of sealing probate documents cannot be underestimated.