Legal Question in Wills and Trusts in Florida

Probate Law / statute of limitations

Is there a statute of limitations on when a person can claim an inheritance against an estate?

My father died 18 years ago in Florida and I lived in Texas at the time.

Asked on 8/23/08, 12:39 pm

2 Answers from Attorneys

Phunphilas Viravan Law Offices of Phunphilas Viravan
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Re: Probate Law / statute of limitations

Florida law would control. Typically, it depends on whether a probate case was opened to administer your father's estate. If it was opened and the estate has made its final distribution, then that order of final distribution would be controlling. If no probate was opened previously, then you can open a probate case at this time. I can only assume that Florida law is similar. Verify it with a Florida attorney to be sure.

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8/25/08, 4:12 am
Alicia Santana Torres Santana Torres Law Offices, PL
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Re: Probate Law / statute of limitations

Ms. Viravan is correct, Florida law is the same. If there was a probate already, you are too late. If there was no probate, you can now pursue it.

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8/26/08, 12:00 pm

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