Most people ask how long you can keep an estate opened in Florida. And some probate lawyers Florida get asked whether you can re open an estate after it was closed. Well consider reading this Florida 3rd DCA probate appeal opinion on whether you can open an estate years after death. The case is Mathis v. Estate of Mathis, 40 Fla. L. Weekly D 2490:http://www.3dca.flcourts.org/Opinions/3D14-2332.pdf
How Long Do I Have to Open a Florida Probate?
- Florida estate lawyers “open” a probate by filing a petition for administration with facts and allegations according to the Probate Code and also the Probate Rules
- Sometimes, if the facts are good or the probate litigation law firm West Palm Beach isaggressive, a Florida estate lawyer may take your inheritance case on a contingency fee
- Regardless, what if someone signed their will in 2003 and wants to leave the homesteadto a daughter? But… there’s two catches
- After the daughter’s death, the homestead in Florida goes to someone named Johnnie
- But what if the will says that if the homestead is sold, then the proceeds go to the daugther 60% and to Johnnie only 30%
- Other estate beneficiaries get 10%
- How in the world will the estate beneficiaries and Johnnie know if the homestead is ever sold?
- Is this case meant for Florida estate litigators or what?
Florida Homestead Subject of Probate 10 Years After Death
- In this Florida homestead probate case, the decedent died in 2003, just after signing her will
- In May of 2012, 10 years, almost, after the decedent’s death, the daughter filed to open a Florida probate
- Why?
- Oh yes, she also filed an emergency petition to appoint a Florida curator
- Emergency?
- There was a scheduled tax deed sale of the homestead
- Uggh………..
- The probate court ruled that the homestead was indeed Florida homestead
- The curator was discharged
- But then the daughter sold the homestead !
- What ?!
- Why wasn’t Johnnie and the other estate beneficiaries protected?
- Evidently, daughter refused to give Johnnie his 30%
- Can Johnnie re open the estate to get his 30%?
- Johnnie had his estate lawyers Florida file a Petition about subsequent administration and the probate court denied it
- On appeal, Johnnie will get his day in court; and, so too, will the probate litigation law firms Florida