If someone dies in Florida without a will, his or her property passes through Florida intestacy. Heirs usually inherit. But who is considered an heir? How do I know if I am an heir of someone’s Palm Beach estate? Do I need to hire a probate litigator West Palm Beach to find out? If I am anheir, am I guaranteed an inheritance? Can my brothers and sisters, who are also heirs, interfere with my inheritance with help from skilled trust and estates trial lawyers?
Heirs in Florida Inheritance Litigation
- Pursuant to Florida law, what are heirs?
- “Heirs or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.” Fla. Stat. § 731.201(20).
- Article X of the Florida Constitution also contains the definition of “heirs”.
- Heirs can be family members and people who can inherit property under Florida intestacy law.
- Does an heir have to be a family member?
- How do I claim to be an heir in Florida?
- A probate lawyer West Palm Beach will tell you that, pursuant to Florida Probate Rule 5.385, you can file a petition for determination of beneficiaries with the probate court Delray Beach if you are an interested person.
- What do you need to include in a petition for determination of beneficiaries?
What are the requirements of a petition for determination under Florida Probate Rule 5.385?
1) the names, residences, and post office addresses of all persons who may have an interest, except creditors of the decedent,known to the petitioner or ascertainable by diligent search and inquiry
2) a statement of the nature of the interest person
3) designation of any person believed to be a minor or incapacitated, and whether any person designated is under legal guardianship in this state;
4) a statement as to whether the petitioner believes there are, or may be, persons whose names are not known to petitioner who have claims against, or interest in, the estate as beneficiaries.
Want to know more about Florida probate litigation? Consider these free resources:
-
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml