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Who is Considered an Heir in West Palm Beach Probate Court?

Uncategorized Nov 2, 2015
post about Who is Considered an Heir in West Palm Beach Probate Court?

Were you estranged from one or both birth parents growing up but now  want to inherit under the estate in West Palm Beach? You may have problems establishing heirship but do you know what that means? Check out this recent case out of Texas to learn more about your local probate in West Palm Beach.

Heirship

  • Proving that you are someone’s heir can be important in two instances.
  • First probably obviously, under the rules of intestate succession heirship matters alot.
  • The rules of intestacy often shift all if not most of the estate directly towards either the spouse or other heirs of the decedent.
  • Thus if you are not considered a relative good luck getting a cut of that inheritance. 
  • Another perhaps less obvious point is that some wills actually mention heirs too.
  • For example what if your father instead of leaving his house to you and your sister leaves it all of his natural children.
  • That means there could be heirs you do not know about!
  • These people will have to prove they are heirs but they have a good reason to, they can get a share of the Pompano Beach house!
  • Check out this recent case dealing with heirs in Texas.
  • Do the same rules apply to you in West Palm Beach?

Bloom v. Swango: Battle of Heirs

  • Bloom was appealing the probate court’s judgment that declared Swango was an heir of the estate.
  • He alleged two issues on concerning jurisdiction and the other failure to allege the statutory requirements.
  • This may sound odd but who is and who is not a member of the family for purposes of probate is largely grounded in statutes.
  • Have you checked the Florida Probate Code to see who you are related to?!
  • Failure to follow those guidelines could be fatal to a claim for a West Palm Beachinheritance. 
  • In this case the appellant was unable to sway the appeals court to overturn the probate court.
  • Do you have a probate attorney who can win on appeal?

Want to learn more about who is and who is not an heir in West Palm Beach?

You may want to start by giving the entire case a read, so click here.