When unknown beneficiaries emerge during Florida probate, it can complicate the process. These are people who claim to have a right to inherit from the estate but were not named in the will or were unknown to the personal representative (the person appointed by the court to administer the estate).
Unknown beneficiaries can be relatives, friends, former spouses, creditors, or even strangers who allege to have a relationship with the decedent.
Below is what you need to know about how to deal with this issue during probate in Florida.
How Do Unknown Beneficiaries Emerge During Florida Probate?
There are several ways that unknown beneficiaries can emerge during Florida probate. Some of the possible scenarios are:
- The decedent did not have a will or the will was lost, destroyed, or invalidated. In this case, the estate will be distributed according to Floridaās intestacy laws, which specify the order of priority of the heirs. Unknown beneficiaries may come forward and claim to be related to the decedent by blood, marriage, or adoption.
- The decedent had a will that was not updated or did not reflect the current wishes of the decedent. For example, the decedent may have remarried, divorced, had children, or adopted children after making the will. Unknown beneficiaries may come forward and claim to be omitted or disinherited by mistake, fraud, or undue influence.
- The decedent had a will that was ambiguous or incomplete. For example, the will may have left a percentage of the estate to āmy childrenā, without specifying their names or number. Unknown beneficiaries may come forward and claim to be children of the decedent, either by birth or adoption.
How Are Unknown Beneficiaries Handled During Florida Probate?
When unknown beneficiaries emerge during Florida probate, they must prove their identity and their entitlement to the estate. The personal representative may conduct an investigation, request documents, conduct interviews, or hire experts to verify the claims of the unknown beneficiaries.
If the personal representative accepts the claims of the unknown beneficiaries, they will be included in the distribution of the estate, according to the will or Floridaās intestacy laws, if there is no will.
However, if the personal representative rejects or disputes the claims of the unknown beneficiaries, they may file a petition with the probate court to challenge the decision of the personal representative. The probate court will then hold a hearing and decide whether the claims are valid.
The emergence of unknown beneficiaries can delay the probate process and reduce the amount of the estate that is available for the other beneficiaries. It can also cause conflicts and litigation among the beneficiaries, the personal representative, and the creditors.
Therefore, it is advisable to consult a qualified and experienced probate attorney who can help you navigate the complex and challenging issues that may arise during probate.
Contact Jurado & Associates, P.A. for Your Probate Needs
If you are facing a probate matter in Florida, whether as a personal representative, a beneficiary, or a creditor, you need a reliable and competent legal partner who can guide you through the process and protect your rights and interests.
At Jurado & Associates, P.A., we specialize in probate and estate planning. Our dedicated and knowledgeable attorneys have the skills and the resources to handle any probate issue, including the emergence of unknown beneficiaries.
We understand the emotional and financial stress that probate can cause, so we are committed to providing you with compassionate and professional service, tailored to your specific needs and goals.
We will work with you to ensure that the estate of your loved one is administered efficiently and fairly and that any disputes or challenges are resolved amicably and expeditiously.
If you have any questions or concerns about the Florida probate process, or if you need assistance with any aspect of probate, please do not hesitate to contact us today.
You can reach us by phone at (305) 921-0976, by email at [email protected], or WhatsApp atĀ +1 (305) 921-0976.
