Suing An Estate Executor For Misrepresentation In Florida
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An executor has a fiduciary duty to always act in the best interest of the estate. This means that if an executor does not act in the best interest of the estate, they may be subject to court intervention and penalties for a breach of their fiduciary duty.
Executor Compensation in Florida As of my knowledge cutoff date in January 2022, the statutory compensation is as follows: 3% of the value of the probate estate for the first $1 million. 2.5% for the next $4 million. 2% for the next $5 million.
Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
If you're bringing a lawsuit against the dead person in Florida, if you're seeking damages from a dead person, don't sue the “estate.” You have to sue the named personal representative of the deceased Florida resident's estate. They are appointed by the court after the petition for administration is filed.
Unknown creditors must file their claims within the 90-day window following the publication of the notice. Note that all claims against an estate are barred two years after the decedent's date of death, regardless of whether a probate proceeding has been initiated or a Notice to Creditors has been published.
Estate disputes: Civil suits can arise in relation to matters concerning the deceased person's estate, such as will contests or disputes over assets. In these cases, the deceased individual may be named as a defendant to address the issues related to their estate.
An executor cannot sign an unsigned will on behalf of the testator. They cannot manage the estate before being appointed by the court, and they cannot change any provisions within the will or trust. If an executor does any of these things or breaches their fiduciary duty, a legal case could be brought against them.
Discrepancies in Financial Records : Check for inconsistencies in bank statements, trust accounts, or estate documents. Lack of Communication : If the executor or trustee is evasive or uncommunicative about the estate's status, it may raise suspicions. Unexpected Changes in Will or Trust Missing Personal Property
Inheritance Theft Statute of Limitations Beneficiaries have three years to file claims against a trustee for mismanagement, breach of trust, or misappropriation of assets.
Is Inheritance Hijacking a Crime? Inheritance hijacking is a crime, and victims of this crime can seek extensive damages when this crime occurs. People who commit this crime risk being disinherited and could even be responsible for your attorney's fees and additional costs if litigation ensues.
