Out-of-State Beneficiaries of Florida Trusts and Wills
A considerable portion of Americans choose to retire in Florida. If you’re the child or relative of someone who retired in Florida, you might be located halfway across the country. Perhaps you still live in the retiree’s hometown along with other family members. What happens if this individual passes away? Do you need to travel to Florida in order to participate in the probate process in Tampa or another major city? What if you believe that you stand to receive inheritance from a Florida-based relative?
You Might Need to Contact an Experienced Estate Planning Attorney in Florida
In Florida, a Will is handled by a personal representative, though in many other states they’re called an executor (so we will refer to that role as executor for purposes of this blog post). According to Florida law, this executor must be a Florida resident or a blood relative of the decedent. In other words, the executor of the Will may live outside of Florida. It is the executor’s responsibility to locate and contact all beneficiaries to a Florida Will – even if these beneficiaries are difficult to track down.
If you know that your relative passed away in Florida but you were never contacted by an executor, it may be time to speak with a Florida-based estate planning attorney. These legal professionals can determine whether you are a beneficiary of a Will left behind by your relative.
Sometimes, Florida residents pass away without ever creating Wills. In this situation, the decedent passes away “intestate,” and out-of-state relatives may need to contact Florida-based estate planning attorneys to assist with the next steps.
These next steps involve navigating the probate court and the rules of succession. These rules determine which family members receive certain portions of the decedent’s estate. If there is no Will, there is likely no estate planning attorney “attached” to the probate case. It may be the family’s responsibility to contact a Florida-based lawyer for the first time.
Do I Need to Travel to Florida After My Relative Passes Away?
In the modern era, many legal and financial steps associated with a death in the family may be handled online. Zoom calls and emails may allow out-of-state family members to make decisions and navigate certain legal steps without actually traveling to Florida.
That being said, a member of the family may need to travel to Florida in order to handle more practical, “hands-on” steps. These include organizing burials, funeral processes, and similar steps.
The family may wish to choose one relative to travel to Tampa in order to handle these steps more directly. Others may choose to stay behind, participating in this process through Zoom, email, or telephone.
Can a Tampa Planning Lawyer Help Me?
If you’re not a resident of Florida, you can still participate in the Tampa probate process after the passing of a loved one. Your role in this process could be particularly important if you believe there is some kind of issue with the Will. To learn more about your next steps, consider contacting the Tampa probate lawyers at Knudsen Law at your earliest convenience. Although we have offices in New Port Richey, Tampa, and Seminole, we can also communicate via Zoom.
Sources:
cnbc.com/2023/04/30/florida-is-the-top-us-state-retirees-moved-to-in-2021.html
hillsclerk.com/court-services/probate-guardianship-and-trust
