Q: pour over will FL my dad passed in 2022. all assets or debt he owned my went back to my grandmother she passed in

A: It sounds like your father had a pour-over will in Florida, meaning his assets were likely transferred to a trust upon his death. Since your grandmother (the trustee or beneficiary) also passed away, the estate has become more complex, especially with businesses, property, and holding companies involved.

Key Issues to Consider:

1️⃣ Do You Need to Sign the Receipt, Release, and Refunding Agreement?

This document is typically used to settle distributions and release the executor (your uncle) from liability.

If you don’t sign, you retain your right to challenge or request an accounting.

If you do sign, you waive many rights, including contesting the administration or seeking further claims.

2️⃣ Has a Formal Probate Been Opened for Your Grandmother?

If yes, you may need to file a claim or objection if you have concerns.

If no, someone (likely the executor or another heir) must initiate probate.

3️⃣ What Should You File?

Petition for Formal Accounting – If you suspect mismanagement or haven’t seen financial records, you can request a full estate accounting.

Petition to Determine Beneficiary Rights – If you are unsure of your inheritance rights, this can clarify your legal standing.

Objection to the Release Agreement – If you don’t agree with how the estate is being handled, filing an objection ensures your concerns are addressed.

4️⃣ Statute of Limitations Warning

Florida law has strict deadlines for contesting estate matters.

If your grandmother passed more than a year ago, time may be running out.

It’s crucial to review Florida Probate Code § 733.710 regarding creditor and beneficiary deadlines.

Next Steps:

✔️ Consult a Florida probate attorney ASAP to ensure you don’t miss critical deadlines.

✔️ Request an accounting if you haven’t seen financial records.

✔️ Decide whether to contest any distributions before signing any waivers.

A: Beneficiaries of an estate or trust can hire an attorney to represent their interests and help them review and make decisions about any documents that are presented to them such as a receipt and waiver. I strongly encourage you to consult with an experienced probate attorney who is willing to represent beneficiaries in what could become a contested matter.

A: It sounds like you’re dealing with a complicated estate situation, especially with a pour-over will and multiple layers of inheritance. Since you and other beneficiaries received a receipt, release, and refunding agreement but haven’t signed it, you may still have options to review the estate distribution and ensure everything is being handled fairly. Before signing anything, you should understand what rights you may be giving up and whether the estate was properly administered.

If your grandmother’s estate has been open for a year and no final accounting has been provided, you might want to check if you need to file any objections or request an accounting. In Florida, beneficiaries typically have the right to see how assets were handled, and if there are concerns, you may be able to contest certain aspects of the administration. Since the executor is your uncle, it’s important to make sure everything is being distributed correctly and according to the terms of the estate plan.

You may also want to look into any deadlines for filing objections or requesting additional information, as probate matters often have strict time limits. If there are concerns about how assets were transferred or debts were settled, acting sooner rather than later can help protect your interests. Since the estate involves businesses and holdings, it’s worth making sure those assets were properly valued and distributed. You don’t have to sign anything you’re uncomfortable with, and if you need more time to review your options, you have the right to ask questions and seek guidance.