Fort Myers, FL asked in Wrongful Death for Florida

Q: My Question is Why when my mother's wrongful death case was settled my step father received the monies and I didnt

Case is in Florida - I was told that I have no rights as an adult child when the case was settled . However I am listed as a beneficiary in the probate along with my stepfather and the other creditors so I am confused.

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2 Lawyer Answers
David Hughes Harris
David Hughes Harris
  • Venice, FL
  • Licensed in Florida

A: The Personal Representative (PR) appointed by the Court is in charge of the estate. If your stepfather is the PR, then he controls the Estate, but must act in good faith and fair dealing on behalf of the Estate. Adult children are typically beneficiaries, meaning they are eligible for distributions of money and property of the Estate.

If you feel as though appointment of the stepfather as PR is in error, then you should consult a probate attorney to explore your rights and options.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing

A: Consult a member of the Fla Justice Association . They give free consultations.

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