Can You Recover Assets Stolen During Probate or From a Trust?
L. Reed Bloodworth is managing partner of Bloodworth Law. The new office is located at 801 North Magnolia Ave., Suite 216, in Orlando, Florida. And there’s an office at 331 West Central Avenue, Suite 244, in Winter Haven, Florida.
Reed talks about some of the immediate legal actions that can be taken when someone is alleged to have misappropriated or stolen assets during probate or from a trust. Can you recover assets stolen during probate or from a trust?
Move Quickly on Suspicions
If you were a named beneficiary in a will or a trust, but the promised assets were taken by someone else, or not distributed properly pursuant to a will or trust, move quickly on your suspicions.
Yes, you can take action to try to recover those assets, but do not wait. You should immediately call an attorney.
Contest Within Specified Timeframe
In Florida, you must contest a will while in probate within the specified timeframe, or claims are forever barred. There are inflexible deadlines between 20 and 90 days that must be met. Talk to a probate litigation attorney right away.
Speak with Trust or Probate Litigation Attorney
If you believe there is theft or misappropriation from a trust, you should also quickly speak with a trust litigation attorney. In order to try to get the assets back, formal legal actions through the courts should be instituted by an attorney.
Formal Legal Investigation
A formal legal investigation, forensic accounting, and accounting actions must be requested. The quicker you act, the more likely some of the stolen assets may be recovered.
However, there is no promise or certainty of getting assets returned. This is true of any case of alleged theft. Move forward and act on your suspicions or any proof that you have of wrongdoing by hiring a probate litigation or trust litigation attorney.
Probate and trust litigation may involve someone who is a personal representative or a trustee who improperly takes possession of property, assets, or who invests assets to the detriment of beneficiaries of a trust.
Don’t Wait for Documentation
Don’t be patient if you have requested documentation from a personal representative or a trustee. There are Florida laws governing and guiding their roles to protect beneficiaries.
If there is no information provided or no communication from the personal representative or trustee, then call a probate or trust litigation attorney.
Work with Reputable Litigator
Hire an attorney with good reviews and reputation, strong ratings, and one who returns your phone calls. Talk with several lawyers to find one who you feel will best handle your case.
Reed is the managing partner of Bloodworth Law in Orlando and Winter Haven. If you have questions about probate or trust litigation, give Reed a call to talk about how Bloodworth Law can help you, your family, or your business.