How Do I Know What I’m Inheriting?

I’m attorney Reed Bloodworth, the Founder and CEO of Bloodworth Law in Orlando and Winter Haven, Florida.

How Do I Know What I’m Inheriting?

I’m going to talk about what happens when a family member has died, and you’re told that you’re “in the will” or that there’s something for you left in a trust. I will walk you through the question: how do I know what I’m inheriting?

Trustee Or Personal Representative Formally Notifies You

First, if you’re a beneficiary, the trustee or personal representative should have formally notified you.

It may be a week or several months after a loved one’s death and you may have asked all the right questions. It can be awkward, particularly if the designated person has never discussed the trust or estate with you. Or, worse, the trustee or the personal representative is keeping information from you.

So, what can you do to find out what you’re inheriting?

Let an Attorney Handle Disputes

If you have called and e-mailed the personal representative or the trustee and you’ve gotten no response and are getting the run around, you should talk with a probate and trust litigation attorney to formally get answers for you.

The trustee or personal representative not only manages the assets, but debts, taxes, accounting, settling with creditors, and then, the distribution of the assets. This may take longer than you would like to wait. 

Don’t Argue with Family

You should not have to request a copy of the formal information, it should be provided to you. Have an attorney work on this for you.

Next, if the trustee or personal representative is not forthcoming, don’t argue with them. They have to follow the laws and if there is any suspicious activity, there will be a paper trail.

But do not wait to act, you should contact an attorney immediately.

Forensic Accounting Finds Everything

There are forensic accounting tactics that can uncover mishandling of assets or responsibilities, but only through the courts and the actions of a probate and trust litigation attorney.

Common Probate Problems

Common probate litigation involves beneficiaries who believe they were improperly left out of an estate and that there were allegedly improper actions by a personal representative.

Common Trust Issues

Likewise, a common trust litigation action is where a trust was amended, certain beneficiaries were left out, some were added, and then, disputes arise.

Bloodworth Law, PLLC, handles all manner of trust and probate actions including:

• Accounting actions
• Breach of fiduciary duty
• Lack of capacity
• Undue influence, and, tortious interference with a testamentary expectancy

The key here is that you shouldn’t wait to begin a probate or trust litigation action. There are statutes of limitations on probate and trust actions in Florida. Talk to Reed about how the Bloodworth Law probate or trust litigation team can help you, your family, or your business.