If you are a beneficiary of a Florida estate, you know what kind of disharmony can arise when a family member dies and their personal belongings, real estate and investments are being distributed. Beneficiaries have the right to information about their loved one’s estate and how it is being administered. This is an emotional time and even the closest family ties can be tested. Nevertheless, beneficiaries’ rights should never be jeopardized and Florida laws with respect to beneficiaries’ rights should be followed.
A Florida estate attorney can pre-emptively monitor and audit the performance of the personal representative in order to see if the personal representative is complying with their duties and responsibilities. Other times, legal remedies are necessary in order to protect the interests of the beneficiaries. We have helped beneficiaries in Florida and throughout the United States assert their rights in Florida estate including:
- People who were not advised by the personal representative of the nature and scope of the decedent’s estate
- Heirs who have been waiting an inordinate amount of time for an estate personal representative to initiate the process of distributing assets
- People who wish to challenge personal representative misconduct, fraud or mismanagement
- Hers who find out that the terms of the will were not followed by the personal representative
- People who find out that assets were wrongfully transferred or misappropriated prior to the decedent’s death by the person who is now the personal representative
A personal representative has a duty to administer the estate for the benefit of the beneficiaries in accordance with the laws of the State of Florida. Unfortunately, this does not always occur. Sometimes they attempt to deny a beneficiary what is owed. Other cases come down to a simple matter of mismanagement or lack of understanding. Many cases fall in that gray area in between, where the facts and explanations are not clear, or do not add up. In most of these situations, the beneficiaries’ inheritance have been denied or significantly delayed.
What are my rights as a beneficiary?
- An estate beneficiary is entitled to an accounting from the personal representative of the estate listing the estate‘s assets, income, debts, expenses, taxes and distributions.
- A beneficiary is entitled to receive their inheritance in a timely manner. The length of time will depend upon the complexity of the estate.
- A beneficiary can commence a proceeding requesting the District Court to remove the personal representative if there is a judicial finding of personal representative misconduct.
The Miami, Florida Estate Law Firm of Albert Gurevich represents beneficiaries and heirs of estates who believe that their rights as beneficiaries are being compromised, or at the minimum, not being addressed. We also represent Personal Representatives of estates who believe that they are complying with the beneficiaries’ rights.
If you are a beneficiary or a Personal Representative in a Florida Estate matter, please contact us to discuss your case and the rights that you may have under Florida law. Call our firm today at (786) 522-1411.