Know Your Rights So You Can Act On Time
If there is one thing that is guaranteed when it comes to the distribution of any estate, it is that there will be lots and lots of paperwork, even for the beneficiaries. One may be tempted because of the volume of paperwork that they are getting, to simply ignore notices or simply decide to deal with them later. In Florida, though, the time that you have to respond to one of these notices is extremely short, meaning that ignoring a notice or putting it off could result in you losing your rights to an inheritance. Whenever you get legal papers, even if you don’t think they are important, your first step should be to contact a Miami estate attorney to find out what your rights are.
One such notice is a Notice of Trust. When a person who made the trust died, these notices have to be given out by the trustee of a trust that used to be a living trust to the beneficiaries. It also has to be given to the probate court and published in a newspaper in the county where probate is taking place to give creditors notice.
At that point, the time to respond is only a matter of days. In most cases, people who wish to dispute a trust’s validity only have 20 days to do so. When it comes to creditors, they only have 30 days to make any claim against the trust after the last notice is published in the newspaper. There are very few exemptions when a court would allow a party to submit some sort of claim after this notice.
It also must be kept in mind that the notice of trust is not only given to those listed as beneficiaries of a living trust. Any heir that would exist if the settlor of the trust died intestate must be given notice.
As to what needs to be included in the notice, the law is very specific. The notice must have the name and date of death of the settlor, the trust’s title, the trust’s date and the name and address of the trustee. Besides the publication requirement, the trustee is only required to serve it on potential beneficiaries via the mail, although it is likely it would be sent at least through certified mail. Personal service is not necessary.
If you are the potential heir of an estate, the wisest thing to do is to hire representation right away. When you have a Miami estate attorney on your side, you can be sure that deadlines will not be missed and that you are kept in the loop when it comes to everything related to the estate. Call the Law Offices of Albert Gurevich at (786) 522-1411.