Just because a relative has passed away does not mean all their business dealings have concluded. Has a debtorrefused to pay your father’s estate after his death? Did you know that you may be able to get the West Palm Beach sheriff to take the property back following a default? You may want to learn about Florida’s replevin statutes.
Replevin
- Do you know what replevin means?
- If someone is holding onto property that you have a right to possess you may be able to get a Court Order to tell the Sheriff in West Palm Beach to take that property.
- One common time when people end up defaulting is when they think they do not have to pay because a creditor passes away.
- The estate has every right to collect on that debt though.
- In fact time is of the essence and you may need to act quickly to secure the collateral.
- Keep in mind that this process does not establish your right to ownership of the property permanently it just establishes that you have a right to immediate possession.
- You still may end up in Court arguing that you own it outright.
- The good news is Florida’s replevin statute allows you to go to the Court on your own without the debtor there in order to secure what is called a writ.
- The writ is going to order the Sheriff to seize the property and give it back to you.
- Experienced Palm Beach probate litigators know that this may be a crucial part in your service as a personal representative.
Personal Representatives
- As a personal representative it is your job to collect the assets of the estate.
- That is going to include any debts owed at the time of the decedent’s death.
- Experienced Palm Beach probate litigators can use remedies like the replevin statute to get your family the property that is yours.
- Using “self-help” and simply retrieving the property yourself could spell trouble.
- You may be on the hook for damages to the other party for not using the court system to get the relief you want.
Want to learn more about using replevin and other writs to help you collect what is yours?
You may want to start by reading the statute, simply click here.