What If I Don’t Know What I’m Inheriting?

Hi, I’m Reed Bloodworth, founding partner of Bloodworth Law, PLLC. 

I'm located in Orlando, Florida but I travel to clients across the state. 

I often have clients that are beneficiaries of Florida estates but ask, “what if I don’t know what I’m inheriting?”

These are beneficiaries who don’t know exactly what it is they’re inheriting from the estate.

Often times, a personal representative of these estates are siblings or other family members and these family members are not forthcoming with information.

Your Rights as a Beneficiary of an Estate

However, your rights as a beneficiary of an estate are many. You have rights and entitlements to certain information.

Some of the basic rights you have as a beneficiary are included here. Be sure to speak with an experienced probate or estate litigation attorney to get specific answers to your concerns about estates.

Copy of Will

You have the right to get a true and correct copy of the will. The will, will inform you who the beneficiaries are and what those beneficiaries are supposed to receive.

Notice of Administration

The next is the right to receive a notice of administration. The notice of administration is an important document in the probate proceeding. It contains information that’s pertinent to the administration. A Notice of Administration begins the running of the statute of limitations that enable you to challenge the validity of the will. That time period is 90 days.

Receive an Inventory of the Estate

You also have the right to receive an inventory. An inventory is a list of all of the assets that are contained within the estate.

Annual Accounting of Estate 

Additionally, you have basic right to receive at least annually an accounting of the estate. 

The accounting shows where all of the money has been spent or acquired things of that nature. This is required pursuant to Florida statutes. You’ll get that once a year at a minimum.

Challenge the Validity of the Will 

If you believe the will that has been admitted to probate was obtained through improper purposes, then you have the right to challenge the validity of the will. Perhaps you suspect:

• Undue influence
• Fraud
• Lack of Capacity
• Duress
• Tortious interference

Issues With the Personal Representative 

Additionally, as probate proceeds, if you believe the personal representative is not up for the task of performing his or her duties, or you believe that the personal representative is performing those duties improperly, then you have the right to petition the court to remove that personal representative and put someone else in its place.

Unsure of Beneficiaries?

If you are unsure of exactly who the beneficiaries of the estate are, you have the right to petition the court to determine who the beneficiaries are. That can be important in certain situations.

Partial Disbursement of the Assets 

If the probate proceeding is taking a long time or perhaps a certain amount of the assets of the estate are ready to be disbursed but have not yet you have the right to petition the court for a partial disbursement of the assets of the estate.

Dispute Creditor Claims

If a creditor files a claim against the estate and you don’t agree with it, or you believe it’s improper, then you as a beneficiary have the right to object to that claim.

There are many, many other rights that beneficiaries have in an estate probate. 

Remain Calm

Don’t make accusations or instigate arguments with family members or beneficiaries. Probate and estate issues can be very emotional. Instead, speak with an attorney about your concerns and proceed with the right attitude so that issues remain as calm as possible for cooperative resolve.

If you have any questions pertaining to your rights as a beneficiary, let’s talk about what happened to you.