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What are the rights of Florida will beneficiaries?

Estate Planning & Administration, Probate

If you are a will beneficiary in Florida, you are entitled to several rights of which you might not be aware. However, knowing these rights becomes extremely important for you to ensure that you use them efficiently when you need.

Not knowing your rights as a Florida Will Beneficiary can elevate the complexities for you in terms of the entire process and thus waste your time and efforts unnecessarily. To know your rights as a will beneficiary, just read this entire article. It will help you to get a clarity on numerous things in which you are at doubt, or you don’t know at all.

The rights of Florida Will Beneficiaries

Have a look at the rights that you as a will beneficiary in Florida are entitled to.

  1. According to Florida Statute 733.105, if a will doesn’t clarify the beneficiary, the conflicting parties can file a petition in the court in view to determine the beneficiary. The answer to the question of who will get the notice further will also be made available through this petition.
  2. Florida Statute 732.901 states that you as a beneficiary nominee possess the right to acquire a true copy of the will. However, you must submit the original will within 10 days of the death of the person having authority over the will. Thus, getting a true copy of the will is highly recommended.
  3. You can also request the validity of the will. In other words, if you feel that the descendant got influenced by someone and signed the will, or if he wasn’t fully conscious while signing the will, you can request the validity of the same.
  4. Florida Statute 733.506 states that you can file a petition for the removal of any beneficiary’s name from the will. However, you must be able to submit solid reasons to do so.
  5. Florida Statute 733.212 specifies that the personal representative shall promptly provide the notice to the beneficiary nominee and thus providing them with the necessary information along with the deadline for will objection. It also specifies that if you are receiving Notice of administration, the deadline for you to challenge the will is 90 days from the day you receive the notice.
  6. According to Florida Statute 733.604, you can check the inventory of the estate. The personal representative shall file the inventory within 60 days of his appointment. Also, the inventory must incorporate the details like the market value of every listed item on the descendant’s death date.
  7. Now, let’s discuss the rule 5.345. Under this law, you can get every insight on the file prepared by the personal representative. If you find that the accounting has not been done within 60 days of PR’s appointment, you can ask him to do so. Also, you can object the accounting if you feel that something is wrong with the accounting.
  8. Florida Statute 733.506 specifies that you can file a petition to remove the personal representative. The court revokes the letter of a removed personal representative.
  9. The beneficiary also has a right to ask for the interim distribution. He needs to file a petition in the court for the same. If the creditor period has passed, the courts might agree to go with the interim distribution.
  10. Beneficiary also gets a right to request the court to allow objecting the creditor’s claim. Usually, it is on the Personal Representative to fight the creditor’s claim.
  11. According to the rule 5.342, you can claim the inventory of the safe deposit box within 10 days of the initial opening of the box by Personal Representative.

Being a will beneficiary is tough. You are already emotionally broken, and the complex will process might frustrate you a lot. However, the above published rights might give you a sense of some emotional support along with helping you to make the entire process smooth. To sail through the process with ease, you will require assistance from a professional Estate & Probate attorney in Florida. Reach out to the Law Office of Michael Heider at 727-235-6005 or reach out to us via email to get yourself a reliable companion in terms of sailing through this complex process.