What are my Florida inheritance rights? 5 things children and beneficiaries need to know about Florida estates

Uncategorized • Nov 4, 2013

You have inheritance rights………….. don’t you?

Has a parent or grandparent just died in Florida? Are you wondering if you, as an “heir” or maybe even a beneficiary under a Florida will or trust, have inheritance rights? What are your rights if you are not in a will? What if you are dis-inherited?

Information. If you are a beneficiary of a Florida estate, you have inheritance rights. You have the right to information about the estate. This typically means that you have the ability to get a complete copy of the will, to know what it means, to receive a copy of the confidential inventory which is filed by the Personal Representative (Florida executor). You will also receive an accounting before the estate is closed. What if you are not a beneficiary? Well, people who don’t inherit generally don’t have a right to get information…..unless you are involved with a lawsuit involving the estate—- then you get information if it is relevant. One of the most common examples of this is the son or daughter who is dis-inherited under a Florida will. Mom or dad cut you out. You are not listed in the will. Generally, you can’t find out how much mom or dad were worth when they died in Palm Beach County. Did they own real estate in Broward County? You’ll have to check the public records. Did they have a large investment account at a broker in Aventura? The personal representative probably won’t tell you. Heirs who are cut out of a will, who are dis-inherited, often are able to conduct financial discovery and obtain information about an estate only if there is a probate lawsuit. One example of this is the heir, the son or daughter, or former beneficiary, who sues to set aside a will or a trust, one who objects to the will.
Participate. A beneficiary of a will or an estate has the right to participate in the Florida probate process: the estate administration. Get a Florida probate lawyer and come on in. You can attend hearings, get copies of court filed documents, and have a say in the administration of the Florida estate. If you are NOT a beneficiary or a creditor of the estate, you will not be able to participate, any more than a stranger down the street can participate in the administration of your mom or dad’s Florida estate. You need some connection to participate. If you have been dis inherited, you are out of luck, unless you are involved in a probate lawsuit.
Object A beneficiary under a Florida will has a say in how the estate is run or administered. If you don’t like it, you can object. You can ask a probate court to do things. You can also ask a probate court to stop the personal representative or executor from doing something: or ask the judge to make the Florida executor start doing something. Before the estate is closed, you will have the ability to object to the entire administration. But don’t be late: objections to accountings must be timely filed and set for a hearing ( a mini probate trial) within days or else you waive your objections.
Have a say in costs, fees and expenses A beneficiary has a say in how costs, expenses, attorneys fees and fees for the Florida executor (personal representative) are paid or not paid, spent or not spent. Think the probate lawyer for the estate is over-paid? Object ! Is the personal representative greedy? Get in there and let your voice be heard. Non beneficiaries, non creditors don’t get this right.
Opportunity to be heard Beneficiaries, and to a lesser extent, those who file a probate lawsuit or who are involved in estate litigation, have a chance to have their side of the story told. Upset with the way the estate is run? Mad that dad’s will left you less than you wanted? Don’t like the way the estate is investing the money? You have a forum, and, with a good probate litigator, you have a strong voice.

One last thing: Florida has a very strong public policy which permits Florida residents to leave their estate any way they like it. As long as it is not offensive . So this means that there is no right to an inheritance. If mom leaves everything to a charity, as long as she was mentally competent and was not unduly influenced, you lose.