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Florida laws re: beneficiaries

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FredZack

Junior Member
What is the name of your state?What is the name of your state? PA
My grandmother passed away in 2001. She was a resident of Florida. It has recently come to my attention that she had named me as a life insurance policy beneficiary, but I never saw any money.

A relative who acted as executor claims that under Fla law, 'assets' such as life insurance policies somehow revert to the estate, and that I was not entitled to receive the benefit.

I think I've been ripped off and lied to- is there such a law?

Second question- I believe the time period to contest the will has expired, but in view of the above, are the limits valid if fraud has occurred?
 


seniorjudge

Senior Member
Q: A relative who acted as executor claims that under Fla law, 'assets' such as life insurance policies somehow revert to the estate, and that I was not entitled to receive the benefit. I think I've been ripped off and lied to- is there such a law?

A: No.


Q: Second question- I believe the time period to contest the will has expired, but in view of the above, are the limits valid if fraud has occurred?

A: Time to get a lawyer.



Oh, and by the way, before you hire that lawyer, call the probate court where this was probated and order a complete copy of the file for the dead person.
 

FredZack

Junior Member
Thanks for the reply, seniorjudge- it is appreciated.

Probate file ordered and atty search in progress.

I'm curious, though- I see the estate was closed via Summary Administration, which I believe means that the estate was valued at under $25K. But the executor (to whom the house was bequeathed) sold the home for over $150K a year later. Even at the time of probate, its appraised value was over $75K. How is summary admin possible in this case?

thanks again
 

seniorjudge

Senior Member
FredZack said:
Thanks for the reply, seniorjudge- it is appreciated.

Probate file ordered and atty search in progress.

I'm curious, though- I see the estate was closed via Summary Administration, which I believe means that the estate was valued at under $25K. But the executor (to whom the house was bequeathed) sold the home for over $150K a year later. Even at the time of probate, its appraised value was over $75K. How is summary admin possible in this case?

thanks again
Do you know EXACTLY how the land was titled before death?

It is possible the land didn't even go through probate.
 

FredZack

Junior Member
seniorjudge said:
Do you know EXACTLY how the land was titled before death?

It is possible the land didn't even go through probate.

I think you have it..

I did see references to "Homestead petition" in the online probate record, but did not understand its relevance. Guessing this kept the property out of probate.

I'm sure I'll be learning a lot about FL probate in the coming weeks. :p

thanks again
 

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